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Election  Law 


OF 


INDIANA 

(In  Force  Sept.  1,  1906 


WITH 


INSTRUCTIONS  TO  VOTERS 

AND  ELECTION 

OFFICERS 


By  Authority  of  the  State  Board  of  Election 
Commissioners  for  1906 


INDIANAPOLIS 

WM.    B.    BUBFOBD,   CONTRACTOR   FOR  STATK   PRINTING  AND   BINDING 
1906 


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Indianapolis,  September  17,  1906. 

To  the  Governor  and  Chairman,  State  Board  of  Election  Com- 
missioners : 

Having  been  appointed  by  said  Commissioners  to  consider 
certain  matters  arising  under  the  election  law,  we  report  that  in 
our  opinion,  the  proper  construction  of  the  law  on  the  several 
points  referred  to  us  is  as  follows : 

MEREILL  MOOEES, 


WILLIAM  W.  SPENCEE 


Committee. 

We  concur  in  and  agree  to  abide  by  this  report : 

JAS.  P.  GOODEICH, 
Chairman  Eepublican  State  Committee. 

W.  H.  O'BEIEIsr, 
Chairman  Democratic  State  Committee. 

State  Board  of  Election  Commissioners  for  1906 : 

GOV.  J.  FEAISTK  HANLY,  President. 
JEFFEESOlSr  11.  CLAYPOOL. 
BEEKAED  XOEBLY. 
HAEEY  SLOUGH,  Clerk. 


Note.— These  instructions  chang'ed  to  conform  to  the  amendments  enacted 
"by  the  Q-eneral  Assembly  of  the  State  of  Indiana,  Session  of  1905, 


257168 


Instructions  to  Voters 


AND 


Election  Officers. 


WHERE  ELECTIONS  MUST  BE  HELD. 

An  election  must  be  held  at  the  place  designated  by  the  Board 
of  County  Commissioners,  unless  from  absolutely  unavoidable  cir- 
cumstances it  can  not  be  done.  If  it  can  not  be  held  at  the  place 
so  designated,  then  the  Election  Board  should  meet  at,  or  as  nearly 
as  possible,  at  the  place  so  designated  and  there  organize  as  a 
Board,  and  then  adjourn  to  a  place  available  and  nearest  to  the  one 
so  designated,  not,  however,  outside  of  the  precinct.  In  such  an  in- 
stance care  should  be  taken  to  see  that  no  voter  loses  his  vote  by 
not  finding  the  new  voting  place;  and,  if  necessary,  some  person 
should  be  stationed  at  the  place  so  designated  by  the  Board  of 
County  Commissioners  to  notify  the  voters  of  the  change,  and 
where  the  actual  voting  place  is  situated. 

BALLOT  BOXES. 

The  Board  of  County  Commissioners  of  each  county  must  pro- 
vide, at  the  expense  of  the  county,  three  ballot  boxes — one  painted 
red,  for  the  reception  of  the  State  ballots ;  one  painted  white,  for 
the  reception  of  the  local  ballots  (Sec.  32),  and  one  yellow,  for  the 
reception  of  the  township  ballots  (Sec.  134).  The  Board  of  Coun- 
ty Commissioners  must  deliver  all  the  ballot  boxes  and  all  the 
election  paraphernalia,  except  the  ballots,  at  the  places  where  the 
election  is  to  be  held,  prior  to  the  day  of  the  election. 


INSTEUOTIONS   TO 


CHUTES. 


The  chute  should  be  so  constructed  that  it  will  not  obstruct  pass- 
age along  the  highway  or  street.  Persons  within  fifty  feet  for  man- 
ifestly lawful  and  necessary  purposes  should  not  be  molested.  This 
is  also  true  of  persons  passing  within  that  distance  of  the  chute. 

PASTER  TICKETS. 

The  law  permits  the  use  of  complete  pasters,  by  which  is  meant 
a  complete  ticket  pasted  on  the  ballot  by  the  voter,  without  the 
knowledge  of  the  Election  Board.  If  such  a  ballot  be  found  in  the 
box,  the  Election  Board  must  carefully  examine  the  law,  and  if  it 
does  not  comply  with  its  provisions,  it  is  void  and  should  not  be 
counted.     (Sec.  77.) 

WATCHERS. 

Each  of  the  four  political  parties  that  cast  the  largest  vote  at  the 
last  I^ovember  election,  and  which  has  a  place  on  any  of  the  official 
ballots,  is  entitled  to  one  watcher  at  each  precinct,  at  the  canvass  of 
the  vote.  Each  watcher  must  present  to  the  Election  Board,  before 
he  enters  the  election  room,  credentials  signed  by  the  township  or 
county  chairman  of  the  party  which  he  represents,  showing  him  to 
be  the  duly  authorized  watcher  for  his  party.  'No  person  other 
than  the  Inspector,  Judge,  Poll  Clerks,  Election  Sheriffs  and 
Watchers  can  be  permitted  in  the  election  room  during  the  canvass 
of  the  votes  (Sec.  83).  No  watchers  can  be  present  during  the 
voting. 

SAMPLE  BALLOTS. 

The  sample  State  and  local  poster  ballots  should  be  printed  in 
large  type,  each  on  a  sheet  of  paper  about  25  by  38  inches  in  size. 

The  sample  State  Ballots  will  be  prepared  and  be  furnished  by 
the  State  Board  of  Election  Commissioners,  and  three  will  be  en- 
closed in  each  package  of  State  ballots.  They  will  be  printed  on 
yellov*^  paper,  and  will  have  thereon  the  words,  ''Sample  Ballot. 
Genuine  State  Ballot  is  on  red  paper.'' 

The  sample  Local  Ballots  should  be  prepared  by  the  County 
Board  of  Election  Commissioners,  and  three  enclosed  in  each  pack- 
age of  local  ballots.     It  should  be  printed  on  blue  paper,  and  have 


VOTERS  AND  ELECTION  OFFICEES.  O 

thereon  the  words,  "Sample  Ballot.  Genuine  Local  Ballot  is  on 
white  paper.'' 

The  sample  Township  Ballot  should  be  prepared  by  the  County 
Board  of  Election  Commissioners,  and  three  enclosed  in  the  pack- 
age of  township  ballots  for  each  precinct  of  the  township  for  which 
the  sample  ticket  is  printed.  It  should  be  printed  on  brown  paper, 
and  have  thereon  the  words,  "Sample  Ballot.  Genuine  Township 
Ballot  is  on  yellow  paper.'' 

Three  of  each  kind  of  these  sample  ballots  must  be  posted  by  the 
Election  Inspector  in  and  about  his  polling  place. 

If  deemed  desirable  by  committees  of  political  parties,  or  by 
candidates,  for  the  purpose  of  instructing  voters,  sample  ballots, 
conforming  to  the  description  given  above,  may  be  printed,  of  any 
size,  on  blue,  brown  and  green  paper  respectively,  and  posted  up 
or  circulated  by  them  at  any  time  during  the  political  canvass. 

CANDIDATES  FOR  COUNTY  COUNCIL. 

The  County  Board  of  Election  Commissioners  must  print  on 
local  (county)  ballots  for  the  precincts  of  the  first  councilmanic 
district,  the  names  of  the  candidates  for  councilmen-at-large,  and 
also  the  names  of  the  candidates  for  county  councilmen  for  that 
district.  In  like  manner  the  local  (county)  ballots  must  be  printed 
for  each  precinct  of  the  other  councilmanic  districts. 

ROAD  SUPERVISORS. 

Road  Supervisors  are  no  longer  elected  at  the  time  of  the  gen- 
eral elections  in  I^ovember.  Under  the  new  law  (see  Sees.  135, 
136  and  137)  elections  for  these  offices  will  be  held  on  the  second 
Saturday  after  the  first  Monday  in  December,  1905,  and  every  two 
years  thereafter.  These  elections  are  entirely  under  the  jurisdic- 
tion of  the  Township  Trustee,  and  the  law  makes  him  responsible 
for  all  the  details  thereof. 

POSTING  DIRECTIONS. 

The  Inspector  should  be  at  his  polling  place  early  enough  before 
6  a.  m.  to  enable  him  to  post  up  the  cards  of  instructions  and  sam- 
ple ballots. 


6  INSTEUCTIONS    TO 

One  of  each  kind  of  cards  must  be  posted  in  each  election  booth ; 
and  also  one  of  each  kind  at  the  outer  end  of  the  chute.  Not  less 
than  three  of  each  kind  of  cards  and  not  less  than  three  of  each 
kind  of  sample  ballots  must  be  posted  about  the  polls  beyond  the 
fifty-foot  limit.     (Sec.  C6). 

INSTRUCTIONS  TO  VOTERS. 

First.  You  must  get  your  ballot  and  the  blue  pencil  from  the 
Polling  Clerks  in  the  election  room. 

Second.  If  you  desire  to  vote  a  straight  ticket,  then  make  a 
cross,  thus  X'  within  the  large  circle  at  the  head  of  the  ticket  con- 
taining the  device  of  the  party  for  whose  candidates  you  desire  to 
vote.  If  you  do  not  desire  to  vote  a  straight  ticket,  you  must  not 
make  a  cross  in  the  large  circle  containing  the  device  of  a  party, 
but  must  make  a  cross,  thus  X?  on  the  small  square  to  the  left  of 
the  name  of  each  candidate  for  whom  you  desire  to  vote,  on  what- 
ever list  of  candidates  it  may  be.  If  the  large  circle  at  the  head 
of  the  ticket  is  marked  with  a  cross  or  otherwise  and  the  ballot  is 
marked  with  a  cross  or  otherwise  at  any  other  place,  it  will  be  void 
and  can  not  be  counted,  unless  there  be  no  candidate  for  some 
office  in  the  list  printed  under  such  marked  device,  in  which  case 
you  may  indicate  your  choice  for  such  office  by  making  a  cross, 
thus  Xj  on  the  square  to  the  left  of  the  name  of  any  candidate 
for  such  office  on  any  other  list.  The  cross  must  be  placed  within 
or  on  the  circle  or  square,  or  the  ballot  will  be  void  and  can  not  be 
counted. 

Third.  Do  not  mutilate  your  ballots,  nor  mark  them,  either  by 
scratching  off  a  name  or  writing  one  upon  them,  nor  in  any  other 
way  put  a  mark  upon  them,  except  by  placing  one  in  the  circle  or 
on  the  squares,  as  above  described.  Otherwise  the  ballot  will  not 
be  counted.  You  must  not  put  any  mark  of  any  kind  upon  your 
ballots,  except  in  the  manner  above  described. 

Fourth.  After  you  have  marked  your  ballots,  and  before  you 
leave  the  election  booth,  fold  them  up  separately  so  that  the  face 
of  each  one  can  not  be  seen,  and  so  the  initial  letters  of  the  names 
of  the  Polling  Clerks  on  the  back  thereof  can  be  seen.  Then  hand 
your  ballots  to  the  Inspector,  the  pencil  to  the  Polling  Clerks,  and 
immediately  leave  the  election  room. 


VOTEBB  AND  ELECTION  OFFIOBB8.  i 

Fifth.  If  you  are  physically  unable  to  mark  your  ballots,  or 
can  not  read  English,  so  inform  the  Polling  Clerks,  and  make  an 
affidavit  to  that  effect.  They  will  then  go  with  you  into  the  elec- 
tion booth,  and  you  can  then  tell  them  how  you  desire  to  vote,  and 
they  will  mark  your  ballot  for  you.  ISTeither  you  nor  the  Polling 
Clerks  must  permit  any  other  person  to  hear  or  see  how  ^ur  bal- 
lot is  marked.  It  is  a  penal  offense  to  declare  you  can  not  read 
English  or  can  not  mark  your  ballot,  if,  in  fact,  you  can. 

[In  no  case  can  the  ballots  be  marked  by  the  Polling  Clerks  if  the 
voter  can  read  the  English  language  and  is  physically  able  to  mark  his 
ballot.  Nor  can  they  mark  it  until  the  voter  has  made  the  proper  affi- 
davit.]      ' 

Sixth.  If  you  should  accidentally,  or  ly  mistake,  deface,  muti- 
late or  spoil  one  of  your  ballots,  return  it  to  the  Poll  Clerks  and 
get  another  one  of  the  same  kind. 

Seventh.  You  must  not  accept  a  ballot  from  any  person,  out- 
side of  the  election  room.  Any  ballot  outside  is  fraudulent;  and 
it  is  a  penitentiary  offense  to  have  it  in  your  possession,  whether 
you  attempt  to  vote  it  or  not. 

Eighth.  You  must  not  attempt  to  hold  any  conversation  in  the 
election  room  except  with  members  of  the  Election  Board  and  the 
Polling  Clerks. 

Ninth.  Use  only  the  blue  pencil  handed  you  by  the  Polling 
Clerks  in  marking  your  ballots.  If  you  mark  with  any  other  pen- 
cil, your  ballot  so  marked  will  be  void,  and  will  not  be  counted. 

Tenth.  You  must  not  put  any  mark  of  any  kind  on  your  ballot, 
except  as  above  described. 

Eleventh.  If  you  are  unable  to  vote  by  machine  on  account  of 
physical  disability  or  inability  to  read  English,  and  make  an  affi- 
davit to  that  effect,  you  will  be  instructed  or  assisted  by  the  Polling 
Clerks,  as  in  the  case  of  voting  by  ballot.  If  you  request  it,  you 
will,  upon  being  registered  by  the  Polling  Clerks,  be  instructed  by 
them  as  to  the  manner  of  voting  by  machine.  You  can  not  remain 
in  the  voting  machine  booth  more  than  one  minute ;  and  no  person 
can  be  in  or  near  the  machine  when  a  voter  is  in  the  voting  ma- 


O  INSTRUCTIONS    TO 

chine  booth  unless  it  is  the  Polling  Clerks  while  instructing  or  as- 
sisting the  voter. 

[If  the  foregoing-  instructions  to  voters  are  printed  on  cards  and  posted 
up  at  the  polls,  it  will  be  a  sufficient  compliance  with  the  provisions  of  the 
statute  requiring  instructions  to  be  posted  up  at  such  places.  Add,  how- 
ever, in  full,  at  the  foot  of  such  cards  the  original  Sections  43,  50,  55,  56, 
59  and  9b  of  the  election  law  of  March  6,  1889,  being  Sections  74,  81,  8G, 
87,  90,  91  of  this  compilation.] 


VOTING  BY  MACHINE. 

1.  The  election  officers  in  precincts  where  voting  is  done  by 
machines  will  be  the  same  as  in  voting  by  ballot. 

2.  All  laws  relating  to  the  secrecy  of  the  ballot  and^the  number 
of  persons  permitted  in  the  room  apply  as  well  to  machine  voting 
as  in  voting  by  ballot.  'No  voter  can  be  permitted  to  remain  in 
the  voting  booth  more  than  one  minute.     fSec.  225.) 

3.  When  the  voter  enters  the  election  room  he  must  announce 
his  name  to  the  Polling  Clerks,  who  must  register  it  in  the  same 
manner  as  when  voting  by  ballot. 

4.  The  laws  as  to  qualifications  of  voters,  and  as  to  challengers 
are  the  same  in  case  of  machine  voting  as  in  voting  by  ballot. 

INSTRUCTIONS  TO  VOTERS  USING  VOTING  MACHINES. 

1.  Voters  who  are  unable  to  vote  by  machine  on  account  of 
physical  disability  or  inability  to  read  English,  and  who  make  an 
affidavit  to  that  effect,  must  be  instructed  or  assisted  by  the  Polling 
Clerks,  as  in  the  case  of  voting  by  ballot. 

2.  If  the  voter  requests  it,  he  must,  upon  being  registered  by 
the  Polling  Clerks,  be  instructed  by  them  as  to  the  manner  of  vot- 
ing by  the  machine. 

3.  All  machines  will  be  so  constructed  that  the  voter  can  vote 
either  a  straight  or  mixed  ticket. 

4.  Instruction  must  be  given  at  each  voting  place  as  to  the  man- 
ner of  voting  by  machine ;  no  fixed  rule  can  be  laid  down  because 
it  is  not  known  what  kind  of  machine  will  be  used  in  a  precinct. 

5.  After  the  voter  has  voted,  the  Inspector  or  one  of  the  Judges 
will  announce  to  the  Polling  CJerks  that  such  voter  has  voted,  and 
the  clerks  will  write  the  word  'Voted"  opposite  the  name  of  such 
voter,  in  the  same  manner  as  when  voting  by  ballot. 


VOTERS    AND    BISECTION    OPFIOBBS. 


CAUTION. 


As  voting  by  machine  is  an  experiment,  it  would  be  wise  for  the 
Inspector  to  provide  the  necessary  ballots  and  ballot  boxes ;  so  that 
in  case  of  the  machine  failing  to  work,  at  any  time,  the  election  can 
proceed  thereafter  in  the  usual  way  of  voting  by  ballot 

INSPECTORS. 

An  Inspector  must  have  been  a  freeholder  and  a  resident  house- 
holder of  his  precinct  for  one  year,  or  a  resident  householder  for 
two  years  immediately  preceding  the  day  of  election.  If  no  person 
qualified  to  act  will  consent  to  serve  as  Inspector,  or  if  there  be  no 
person  residing  in  the  precinct  qualified  to  act  as  Inspector  by  rea- 
son of  the  fact  that  he  has  not  been  a  resident  householder  within 
the  precinct  for  two  years,  or  a  freeholder  and  householder  for  the 
year  next  preceding  the  election,  then  any  qualified  voter  of  the 
precinct  may  be  appointed.     (Sees.  25,  26,  29.) 

An  Inspector  must  not  have  anything  bet  or  wagered  on  the 
election,  nor  be  a  father,  father-in-law,  son,  son-in-law,  grand- 
father, grandson,  brother,  brother-in-law,  uncle,  nephew,  or  first  or 
second  cousin  of  any  candidate  at  the  election. 

!N^ot  more  than  three  nor  less  than  two  days  before  the  day  of 
election,  the  Inspector,  or  the  Judge  authorized  by  him,  must  call 
at  the  County  Clerk's  office  and  get  the  ballots  for  his  precinct. 
(Sees.  64,  67,  68.)  Before  going  he  should  inform  himself,  if  he 
can,  if  the  number  of  voters  in  his  precinct  has  increased  fifty  per 
cent,  since  the  last  presidential  election.  He  will  receive  ten  bal- 
lots for  each  five  voters  in  his  precinct — ten  local  (county)  and  ten 
township  ballots — each  kind  of  which  must  be  counted,  wrapped  in 
separate  packages  and  sealed  in  his  presence.  He  will  also  receive 
a  sealed  package  containing  the  State  ballots,  for  his  precinct, 
three  blue  pencils,  the  cards  provided  by  the  County  Board  of  Elec- 
tion Commissioners  with  printed  instructions  for  voters,  and  three 
sample  ballots  of  each  kind  of  ballots.  All  these  he  must  carefully 
guard  and  preserve.  (Sees.  64,  66.)  If,  by  accident,  they  be  lost 
or  destroyed,  he  must  report  at  once  to  the  County  Board  of  Elec- 
tion Commissioners,  at  the  County  Clerk's  office,  and  obtain  a  new 
supply.     (Sees.  60,  69.) 


10  INSTRUCTIONS    TO 

The  Inspector  acts  as  Chairman  of  his  Election  Board,  and  must 
announce  the  opening  and  closing  of  the  polls.  His  duties  as  a 
member  of  such  board  are  set  forth  hereinafter  under  the  head  of 
"Election  Board."       . 

Meals. — The  Inspector  should  see  that  the  Election  Board  of  his 
precinct  are  furnished  with  good,  plain  and  substantial  meals,  at 
the  regular  hours  for  meals,  during  the  election  day  and  until  the 
count  is  finished;  but  no  spirituous,  vinous  or  fermented  liquors 
shall  be  furnished.  Those  entitled  to  receive  these  meals  are  the 
Inspector,  two  Judges,  two  Poll  Clerks,  and  two  Election  Sheriffs, 
and  no  others.  The  Inspector  should  also  see  that  the  election  room 
is  comfortable,  such  as  furnishing  fuel,  light,  chairs,  table  and  a 
stove.     (Sec.  101.) 

APPOINTING  JUDGES. 

Before  opening  the  polls  the  Inspector  must  appoint  two  Judges, 
one  from  the  Bepublican  and  the  other  from  the  Democratic  party. 
(Sec.  26.)  The  Chairman  of  the  Republican  and  Democratic 
County  Committees  have  .the  right  to  name  these  Judges,  but  must 
do  so  at  least  one  week  before  the  election.  (Sec.  25.)  If  a 
member  of  the  Election  Board  fail  to  appear  at  the  hour  for  open- 
ing the  polls,  the  remainder  of  the  Board  must  select  a  member 
from  his  political  party  to  serve  in  his  stead.  The  qualified  voters 
of  his  party  present  at  the  polls  may  nominate  a  qualified  person 
for  the  vacancy,  and  he  must  be  appointed.  If  no  member  of  the 
Election  Board  appear  at  the  hour  appointed  for  opening  the  polls, 
the  qualified  voters  present  must  elect  a  Board  viva  voce  as  nearly 
as  possible  in  conformity  with  the  requirements  above  stated. 
(Sec.  26.) 

ELECTION  JUDGES. 

Election  Judges  have  no  duties  except  as  members  of  the  Elec- 
tion Board,  which  see.  They  must  be  qualified  voters  of  the  pre- 
cinct, and  have  been  freeholders  and  resident  householders  therein 
for  at  least  one  year,  or  householders  for  at  least  two  years  next 
preceding  the  day  of  election,  and  be  members  of  different  political 
parties  and  of  the  parties  which  cast  the  highest  number  of  votes  in 
the  State  at  the  last  ^November  election.  If  no  persons  who  are 
qualified  will  consent  to  serve  as  such  Judges,  or  if  there  are  no 


VOTERS    AND     ELKCTION     OFFICERS.  Jl 

persoDs  residing  in  the  precinct  qualified  to  act  as  J  udges  by  reason 
of  the  fact  that  they  have  not  been  resident  householders  within 
the  precinct  for  two  years,  then,  in  that  case,  any  two  electors  of 
the  precinct  may  be  appointed  as  such  Judges. 

ELECTION  BOARDS. 

The  Election  Board  is  composed  of  the  Inspector  and  the  two 
Judges  representing  the  two  leading  political  parties.  No  person 
except  these  three  have  any  voice  in  determining  any  question  aris 
ing  for  the  Board's  decision.     (Sees.  25  and  26.) 

ISrOMIISrATION  OF  POLL  CLERKS.  The  first  duty  of  an 
Election  Board  is  the  appointment  of  Poll  Clerks,  who  must  be 
qualified  electors  of  the  precinct  and  representatives  of  the  two 
leading  parties.  If  nominations  have  been  made  by  the  chairmen 
of  these  two  parties,  such  nominees  must  be  appointed.    (Sec.  27.) 

OATH  OE  OFFICE.  The  next  duty  is  taking  the  oath  of  office 
in  accordance  w^ith  Sections  29  and  30.  The  law  requires  the  In- 
spector and  Judges  to  be  qualified  on  the  morning  of  the  election. 
If  no  person  is  present  at  the  polling  place  authorized  to  adminis- 
ter oaths,  the  Inspector  administers  the  oath  to  the  two  Judges  and 
then  one  of  the  Judges  administers  the  oath  to  the  Inspector.  The 
Inspector  administers  the  oath  to  the  Polling  Clerks.  The  In- 
spector then,  reads  to  the  Judges  Sections  88  and  89,  of  the  elec- 
tion law,  and  each  member  of  the  Election  Board  then  takes*  an 
oath,  as  provided  in  Section  29. 

PPOVIDIA^G  BALLOTS  AK'D  FIJKXITURE.  In  case,  for 
any  reason,  the  ballots  or  any  necessary  furniture  for  the  election 
be  not  on  hand  at  the  opening  of  the  polls,  the  Board  must  supply 
them  as  speedily  as  possible.  Ballots  should  be  obtained  from  the 
person  who  was  entrusted  to  bring  them  to  the  polling  places,  if 
possible;  if  not,  then  at  the  County  Clerk's  office;  and  if  that  be 
impracticable,  the  Board  must  have  them  printed.     (Sec.  69.) 

OPENIXG  BALLOT  PACKAGES.  After  the  organization 
of  the  Board  the  ballot  packages  must  be*  opened  by  the  Inspector 
in  the  presence  of  the  Board  without  breaking  the  seals,  in  other 
words,  cut  thp  string?  nnd  leave  the  seals  on  them.      (Sec.   65.) 


12  INSTRUCTIONS    TO 

The  seals  must  be  preserved  and  returned  with  the  protested,  dis- 
puted, defective  and  uncounted  ballots.  (Sec.  83.)  The  Inspec- 
tor then  delivers  tvrenty-five  of  each  of  the  different  kind  of  bal- 
lots to  the  Poll  Clerk  of  the  party  opposing  his  o^m,  and  the  pen- 
cils to  the  other  Clerk,  who  has  charge  of  the  same.  As  soon  as  a 
ballot  has  been  delivered  by  the  Poll  Clerk  to  a  voter  the  Inspector 
must  deliver  another  ballot  to  the  Poll  Clerks,  who  must  at  once 
sign  it  with  their  initials  and  place  it  at  the  bottom  of  those  al- 
ready signed,  so  that  at  all  times  the  Poll  Clerk  shall  have  twenty- 
five  of  each  of  the  different  kinds  of  ballots  before  him.  (Sec. 
65.) 

BALLOT  BOXES.  The  ballot  boxes  must  be  opened,  exam- 
ined and  then  closed  and  locked  before  announcing  that  the  polls 
are  open.  One  key  must  be  retained  by  the  Inspector  and  the  oth- 
er key  given  to  the  Judge  of  the  opposite  politics  of  the  Inspector. 
(Sec.  33.) 

OPEOTNG  THE  POLLS.  When  these  duties  have  been  per- 
formed and  the  Poll  Clerks  have  marked  their  initials  on  the 
lower  left-hand  corner  of  the  back  of  twenty-five  of  each  of  the 
different  kind  of  ballots,  the  Inspector  must  then  announce  that 
the  polls  are  open.  ISTo  ballot  can  be  received  before  this  announce- 
ment is  made.     (Sec.  42.) 

POLLS  0PE:N'  at  6  A.  M.  SHARP.  The  failure  of  the  Poll 
Clerks  to  have  their  initials  marked  on  the  full  number  of  twenty- 
five  ballots  shall  not  delay  the  opening  of  the  polls.  The  law  says 
the  election  shall  be  opened  at  G  o'clock  a.  m.  (Sec.  34),  and  this 
provision  is  mandatory.  As  soon  as  the  clerks  have  any  ballots  at 
all  marked  properly  with  their  initials,  the  polls  shall  be  opened, 
and  the  full  quota  of  twenty-five  ballots  shall  be  marked  ahead  as 
quickly  as  possible  without  delaying  the  vote. 

POLLS  OPEN  CONTINUOUSLY.  The  polls  must  be  kept 
open  continuously  from  6  a.  m.  to  6  p.  m.,  unless  after  4  p.  m. 
where  there  has  been  no  vote  tendered  for  fifteen  minutes,  the 
Board  may,  by  unanimous  consent  of  all  its  members,  close  the 
polls.  (Sec.  34.)  After  the  polls  open  at  an  election,  the  Board 
can  not  adjourn  temporarily,  nor  take  any  recess,  until  the  polls 
have  been  regularly  closed,  ajl  the  votes  counted,  the  returns  made 


VOTERS    AND    ELECTIOIST    OFFICERS.  13 

out,  and  the  result  publicly  announced.  The  meals  should  be 
served  the  Board  in  the  election  room,  and  the  polls  kept  open  so 
that  no  delay  shaJl  be  had  in  the  voting.     (Sec.  100.) 

RIGHT  OE  ELECTION  BOAED  TO  CHALLENGE.    The 

right  of  any  person  offering  to  vote  may  be  challenged  by  either 
challenger  present,  by  any  member  of  the  Election  Board  or  by  any 
voter  of  the  precinct.     (Sec.  72.) 

INTEEPEETEK.  If  any  member  of  the  Board  request  it,  an 
interpreter  may  be  called  to  aid  in  instructing  a  voter,  but  the  in- 
terpreter has  no  right  to  mark  the  ticket  or  see  it  marked.  (Sec. 
76.) 

BALLOTING.  The  Board  has  general  supervision  of  the  bal- 
loting and  should  not  permit  any  violation  of  the  law  in  its  pres- 
ence without  the  immediate  arrest  of  the  offender.  No  ballot  may 
be  put  in  the  box  by  the  Inspector  if  the  manner  in  which  it  has 
been  marked  has  been  shown  to  any  person,  or  if  it  has  been  muti- 
lated, or  defaced,  or  any  distinguishing  mark  put  on  it,  or  if  the 
initials  of  the  Poll  Clerks  do  not  appear  on  it.     (Sec.  80.) 

CLOSING  POLLS.  No  voter  can  enter  the  election  room 
after  the  polls  are  closed,  but  any  voter  in  the  room  at  the  time  of 
closing  may  tender  his  vote  and  it  must  be  received.  The  Inspec- 
tor must  make  proclamation  of  the  closing  of  the  polls,  and  a  min- 
ute of  the  time  must  be  entered  by  the  Poll  Clerks  on  the  tally 
papers.     (Sec.  84.) 

DESTEUCTION  OF  UNVOTED  BALLOTS.  Immediately 
on  closing  the  polls  the  Election  Board  must  count  the  ballots  re- 
maining unvoted,  make  a  record  of  the  number  on  the  tally  sheets 
and  totally  destroy  them  by  fire.     (Sec.  82.) 

POLL  CLERKS. 

Poll  Clerks  must  be  qualified  voters  of  the  precinct  and  taken 
from  the  two  leading  parties.  They  may  be  nominated  by  the  re- 
spective County  C"!ommiitees  four  days  prior  to  the  election.  (Sec. 
27.)  But  if  not,  they  must  be  selected  and  appointed  by  the 
Board  of  Election,  one  from  each  of  the  two  leading  parties. 
(Sec.  27.)  ' 


14  INSTRUCTIONS    TO 

OATH  or  OFFICE.  The  first  duty  of  the  Poll  Clerks  is  to 
take  the  oath  of  office.     (Sec.  81.) 

PASTEES.  On  receiving  ballots  from  the  Inspectors  the  Poll 
Clerks  must  place  all  necessary  pasters  on  them  in  their  proper 
places,  when  a  candidate  has  been  properly  named  to  fill  a  vacancy 
occasioned  by  the  death,  removal  or  resignation  of  any  candidate 
after  the  tickets  have  been  printed.     (Sec.  58.) 

INITIALS.  The  Poll  Clerks  must  place  their  initials  in  their 
ordinary  handw^riting,  in  ink,  on  the  lower  left  hand  corner  of  the 
back  of  each  ballot  immediately  upon  receiving  the  ballots  from 
the  Inspector.  (Sec.  65.)  This  must  be  done  without  any  dis- 
tinguishing marks.  Twenty-five  ballots  of  each  kind  must  be  kept 
ready  for  delivery  to  the  voters,  and  the  one  first  signed  must  be 
delivered  first.  (Sec.  65.)  Placing  a  mark  on  a  ballot  by  which 
it  may  afterwards  be  known  is  a  penal  offense.     (Sees.  91  and  92.) 

THE  VOTEK  AJ^J)  POLL  CLEKKS.  On  entering  the  elec- 
tion room  the  voter  announces  his  name  to  the  Poll  Clerks  who,  at 
once,  register  it.  Then  they  furnish  him  with  one  of  each  kind  of 
ballots  and  a  blue  pencil,  and  on  request,  explain  to  him  the  man- 
ner of  voting.  This  explanation  must  be  made  in  the  presence  of 
the  whole  Board.  If  deemed  necessary  by  any  member  of  the 
Board  an  interpreter  may  be  called.  (Sec.  76.)  The  voter,  after 
marking  and  properly  folding  his  ballots  in  the  booth,  must  return 
the  pencil  to  the  Poll  Clerk  from  whom  he  received  it  and  deliver 
the  ballots  to  the  Inspector.  In  no  event  can  he  be  allowed  to  re- 
main in  the  booth  more  than  five  minutes.  When  his  ballot  is  de- 
posited in  the  ballot  box,  the  Poll  Clerks  must  write  the  word 
"voted"  after  his  name  on  the  poll  lists.  (Sec.  76.)  If  the  elector 
make  an  affidavit  that,  on  account  of  physical  disability  or  in- 
ability to  read  English,  he  can  not  mark  his  ballot,  the  Poll  Clerks 
must  do  so  for  him  in  the  presence  of  each  other  and  in  his  pres- 
ence, and,  on  request,  must  read  over  to  him  the  names  of  the  can- 
didates as  marked.  It  is  a  felony  for  a  Poll  Clerk  to  deceive  any 
elector  in  selecting  or  marking  his  ballot.  (Sec.  79.)  If  the  voter 
accidentally,  or  by  laistake,  spoil,  mutilate  or  deface  his  ballot, 
the  Poll  Clerks  must  give  him  another  and  have  him  destroy  the 
first  in  the  presence  of  the  Board,  and  they  must  make  a  minute  of 


VOTERS    AND    ELECTION    OFFICEB8.  15 

the  facts  on  the  poll  lists  at  the  time.  (Sec.  78.)  If  the  voter  dis- 
close how  he  has  marked  his  ballot  it  must  be  rejected,  and  the 
Poll  Clerks  must  make  a  minute  of  that  fact  on  the  poll  lists. 
(Sec.  76.) 

ELECTION  SHERIFFS. 

The  Sheriff  must  appoint  two  special  deputies  as  Election  Sher- 
iffs for  each  precinct;  one  from  each  of  the  two  leading  political 
parties.  The  chairman  of  each  of  such  political  parties  may,  five 
days  prior  to  the  election,  designate  an  Election  Sheriff  for  each 
precinct,  and  if  the  person  so  appointed  fail  to  appear  the  member 
or  members  of  the  Election  Board  of  his  political  party  must  ap- 
point a  person  to  act  in  his  place.     (Sec.  43.) 

ATTE:N"DANCE.  The  Election  Sheriffs  must  be  at  the  polls 
when  they  open  and  remain  until  the  count  is  concluded.  (Sec. 
43.)  During  the  canvass  of  the  vote  the  Sheriffs  should  remain 
in  the  election  room  with  the  Election  Board.  They  may  go  in 
and  out  of  the  election  room,  when  they  wish,  or  as  the  occasion 
may  require. 

AEKEST.  They  must  make  arrests  on  the  demand  of  any 
member  of  the  Board  (Sec.  43),  and  also  on  affidavit  made  before 
the  Inspector  by  any  qualified  voter  that  any  person  who  has  voted 
is  not  a  legal  voter.  Persons  thus  arrested  by  Election  Sheriffs 
should  be  promptly  delivered  by  them  to  the  nearest  magistrate  or 
court,  where  their  cases  may  be  speedily  heard,  and,  if  their  of- 
fense be  bailable,  bond  may  be  given.  (Sec.  73.)  In  general,  the 
Sheriffs  must  follow  the  direction  of  the  Election  Board. 

VOTEK  AOT)  SHEEIFFS.  It  is  the  duty  of  the  Election 
Sheriffs  to  see  that  no  m.ore  than  three  voters  are  permitted  in  the 
election  room  at  the  same  time,  and  that  all  other  persons  are  kept 
away  for  a  distance  of  fifty  feet.  They  should  also  assist  infirm  or 
decrepit  voters  going  through  the  chute  to  and  from  the  election 
room. 

CHALLENGERS  AND  POLL-BOOK  HOLDERS. 

One  challenger  and  one  poll-book  holder,  appointed  in  \vriting  by 
the  local   chairman  of  each   party  organization,   are  entitled   to 


16  INSTEUOTIONS    TO 

stand  at  the  sides  of  the  chute  next  the  challenge  window.     (Sees. 
43  and  72.) 

CAUSES  FOE  CHALLEIS^GE.  Under  a  decision  of  the  Su- 
preme Court  of  Indiana,  the  provision  with  reference  to  registra- 
tion has  been  held  unconstitutional;  and,  therefore,  this  is  not  a 
cause  for  challenge.  The  following  are  causes  for  challenge :  Bri- 
bery, buying,  or  offering  to  buy  votes,  advising  bribery,  advising 
buying  votes,  selling  one's  vote  or  offering  to  sell  one's  vote,  not 
having  been  a  resident  of  the  United  States  for  one  year  or  of  the 
State  six  months,  or  of  the  township  sixty  days,  or  of  the  precinct 
thirty  days  immediately  preceding  the  day  of  election,  or  being  of 
foreign  birth  and  not  having  been  naturalized,  or  not  having  taken 
out  first  papers,  or  being  less  than  twenty-one  years  of  age.  It  is 
also  a  good  cause  for  challenge  that  the  voter  has  been  disfran- 
chised by  a  court  of  this  State  for  a  period  of  time  covering  the 
day  of  election. 

MODE  OF  CHALLENGING.  When  a  person  is  challenged 
he  must  stand  aside,  and  can  not  vote  unless  he  makes  an  affidavit 
that  he  is  a  legal  voter.  If  he  makes  such  an  affidavit,  he  is  en- 
titled to  vote,  unless  the  challenger  or  some  other  person  make  an 
affidavit  that  he  is  not  a  legal  voter.  This  affidavit  may  be  made 
on  information  or  belief,  but  if  so,  the  person  or  persons  who  fur- 
nished the  information  must  be  named  in  the  affidavit.  The  voter 
must  then  bring  a  qualified  voter  of  the  precinct  as'  a  witness,  who 
must  swear  that  of  his  own  knowledge  the  claimant  is  a  legal  voter. 
Any  false  statement  in  any  of  the  affidavits  constitutes  the  crime  of 
perjury.  (Sec.  74.)  The  voter  making  the  last  affidavit  must  have 
been  a  freeholder  and  resident  householder  in  the  precinct  for  at 
least  one  year,  or  a  resident  householder  for  two  years,  next  pre- 
ceding the  day  of  election,  unless  the  person  offering  to  vote  shall 
make  an  affidavit  that  there  is  no  person  of  his  political  party  re- 
siding in  the  precinct  who  has  been  a  freeholder  and  householder 
in  the  precinct  for  one  year  or  a  householder  for  two  years,  in 
which  case  the  affidavit  may  be  made  by  any  qualified  voter. 
(Sec.  72.) 


VOTEES  AND  ELECTION  OFFICBKS.   *  lY 

CANVASSING  VOTE. 

OEDEE  OF  CANVASSING  BALLOTS.  The  Election  Board 
must  then  proceed  to  canvass  the  ballots ;  first  the  State,  second  the 
county,  and  third  the  township  ballots. 

^ '  BALLOTS,  HOW  CANVASSED.  The  election  Boards  must 
in  canvassing  the  votes  begin  first  with  the  State  ballots  and  com- 
plete them  before  proceeding  with  the  other  ballots,  by  laying  each 
ballot  upon  the  table  in  the  order  in  which  it  is  taken  from  the  bal- 
lot box ;  and  the  Inspector  and  the  Judge  of  Election  differing  in 
politics  from  the  Inspector  must  view  the  ballots  as  the  names  of 
the  persons  voted  for  are  read  therefrom.  If  any  ballot  be  found 
mutilated,  defaced  or  marked  so  that  it  can  be  identified,  it  must 
not  be  counted  (Sec.  83) ;  but  the  Board  should  not  adhere  to  such 
a  severe  construction  of  the  law  as  will  deprive  innocent  or  honest 
voters  of  their  rights.  In  determining  the  intention  of  the  voter  a 
careful  but  common-sense  discretion  should  be  exercised.  In- 
stances may  arise  where  finger  marks  from  a  greasy  or  soiled  hand 
may,  unintentionally,  have  been  left  upon  a  ballot.  In  such  an 
instan-ce,  if  the  Board  is  convinced,  after  a  careful  examination, 
that  the  marks  were  accidentally  and  not  intentionally  or 
corruptly  made,  the  ballot  should  be  counted.  If  the  initials  of  the 
Poll  Clerks  be  on  the  ballot  but  not  on  the  lower  left-hand  comer, 
and  this  appears  clearly  to  have  been  an  honest  and  unintentional 
mistake  of  the  Poll  Clerks,  the  ballot  should  be  counted.  No  ballot 
can  be  coilnted,  however,  if  the  intention  of  the  voter  is  not  indi- 
cated by  the  blue  pencil  mark  and  in  the  exact  manner  required 
by  the  statute,  which  provides  that  the  cross  must  be  on  or  touch 
the  circle  or  the  square.     (Sec.  83.) 

The  unprotested  ballots  when  counted  should  be  strung  on  a 
twine  as  fast  as  they  are  counted  and  totally  destroyed  by  fire  as 
soon  as  the  count  has  been  completed  and  the  certificates  made  up. 
(Sec.  83.)  All  ballots  that  are  uncounted,  protested,  disputed  or 
defective  must  be  preserved  and  returned  to  the  County  Clerk's 
ofiice  in  the  proper  package  (Sec.  83),  unless  the  Board  finally 
decide  that  they  should  be  counted,  in  which  instance  they  should 
be  counted  and  destroyed  unless  some  member  of  the  Election 
Board  protests ;  or,  unless  the  Board  finally  and  unanimously  agree 


18  INSTRUCTIONS    TO 

that  they  should  not  be  counted,  in  which  instance  they  should  not 
be  counted,  but  they  should  be  preserved  and  put  in  the  package 
with  those  ballots  which  are  protested,  uncounted,  disputed  or  de- 
fective. 

BALLOT,  WHERE  THEEE  AKE  SEVERAL  CANDI- 
DATES FOR  SAME  OFFICE.  In  case  there  are  two  or  more 
persons  to  he  elected  to  the  same  office,  as  in  the  case  of  Senators 
and  Representatives  in  the  Legislature,  Judges  of  the  Superior 
Court,  Justices  of  the  Peace,  etc.,  if  the  names  of  one  or  more, 
but  less  than  all,  of  such  persons  for  a  particular  office  are  marked 
on  one  or  more  of  the  tickets,  the  ballot  must  be  counted  for  the 
persons  whose  names  are  so  marked ;  but  if  in  such  case  the  names 
of  more  persons  than  are  to  be  elected  to  the  particular  office  are 
marked  on  any  ballot,  such  ballot  can  not  be  counted  for  any  per- 
son for  that  office,  for  the  reason  that  it  can  not  be  determined 
which  of  the  right  number  to  be  elected  were  intended  to  be  voted 
for,  but  the  ballot  is  valid  and  must  be  counted  for  the  candidates 
for  other  offices  as  to  whom  it  is  properly  marked.     (Sec.  83.) 

BALLOT  IN  WRONG  BOX.  If  the  Inspector,  by  mistake  or 
intention,  deposit  genuine  ballots  in  the  wrong  box,  putting  State 
ballots  in  the  local  box,  or  local  ballots  in  the  State  box,  such  bal- 
lots must  be  counted.     (See  130  Ind.  561.)  / 

CLOSE  OF  COUNT.  The  Board,  after  canvassing  the  ballots, 
must  record  the  results  on  the  tally  sheets,  and  make  out  three 
certificates  of  the  num.ber  of  votes  for  each  candidate,  over  the 
signature  of  all  the  members  of  the  Board,  and  deliver  one  of  them 
to  each  member  of  the  Board.     (Sec.  83.,) 

The  Board  must  then  burn,  completely,  all  the  voted  ballots,  ex- 
cept those  protested,  uncounted,  disputed  or  defective.     (Sec.  83.) 

The  disputed,  protested,  uncounted  and  defective  ballots  must 
be  preserved  and  returned  to  the  County  Clerk's  office,  in  the  sealed 
bags.  Before  putting  such  ballots  in  the  bag,  one  of  the  Poll  Clerks 
must  endorse  upon  the  back  of  each  disputed,  defective,  uncounted 
or  protested  ballot  the  word  '^counted"  or  "not  counted,''  or  if 
counted  in  part,  for  whom  counted,  as  the  case  may  be,  which  state- 
ment must  be  signed  by  both  of  the  Clerks.     (Sec.  83.) 

PROTESTED  BALLOTS.      At  the  close  of  the  canvass  the 


# 


VOTERS  AND  ELECTION  OFFICERS.  10 

Poll  Clerks  must  make  memoranda  on  the  tally  slieets  !  'lic  pro- 
tested, uncounted,  disputed  and  defective  ballots.  Tt  is  intended 
by  the  law  that  there  should  be  separate  memoranda  for  each  bal- 
lot, specifying  the  objections  to  it.  It  will,  therefore,  be  neces- 
sary to  number  the  protested,  uncounted,  disputed  and  defective 
ballots  so  that  the  objections  may  be  referred  to  the  proper  ones 
by  number.     (Sec.  83.) 

A  paper  sack  is  provided  in  which  the  seals  of  the  ballot  pack- 
ages, and  all  the  disputed,  protested,  uncounted  and  defective  bal- 
lots must  be  placed :  and  this  bag,  after  sealing,  must  be  delivered 
to  the  County  Clerk. 

EFFECT  OF  PROTEST.  A  protest  does  not,  in  any  sense, 
mean  that  the  ballot  shall  not  be  counted.  It  must  be  counted, 
notwithstanding  the  protest,  if  a  majority  of  the  Board  so  decide, 
and  the  only  persons  to  decide  are  the  Inspector  and  the  two 
Judges.  If  a  ballot  is  counted  over  the  protest  of  a  member  of 
the  Election  Board,  it  must  be  preserved. 

PPtOHlBITED  ACTS.  It  is  punishable  by  fine  and  imprison- 
ment for  any  election  officer  to  electioneer  (Sec.  91);  to  mark 
in  an  unauthorized  way  any  ticket,  or  endeavor  to  ascertain  how  it 
is  marked;  to  permit  any  ballots  to  be  taken  away  (Sec.  62)  ;  or 
permit  any  ballot  packages  to  be  opened,  or  ballots  removed  or  de- 
stroyed (Sec.  85)  ;  to  disclose  how  any  voter  has  voted  (Sec.  91)  ; 
to  mark  or  mutilate  any  ballot;  or  neglect  to  perform  any  duty, 
or  in  any  way  violate  the  election  laws  (Sec.  92). 

It  is  pimishable  with  fine  and  imprisonment  for  any  person  to 
remove  any  ballot  or  blue  pencil  from  the  election  room,  or  even 
to  have  a  genuine  ballot  in  his  possession  (Sees.  63  and  81)  ;  to 
counterfeit  (Sec.  84)  or  tamper  with  the  ballots  (Sec.  85)  ;  to  re- 
move or  destroy  any  election  supplies  or  conveniences  (Sec.  90)  ; 
to  wrongfully  enter  the  election  room  (Sec.  86)  ;  or  to  induce  or 
attempt  to  induce  any  elector  to  put  any  unauthorized  mark  on  or 
mutilate  his  ballot  (Sec.  87)  ;  or  induce  or  attempt  to  induce  any 
election  officer  to  violate  his  duty  CSec.  89). 


20  INSTRUCTIONS    TO 


CUSTODIAN  OF  PAPERS. 


At  the  close  of  tlie  canvass  the  Inspector  must  take  charge  of 
the  sealed  bag  containing  all  affidavits  made  ;  of  the  second  bag  con- 
taining the  protested,  uncounted,  disputed  or  defective  ballots  with 
the  seals  of  the  ballot  packages ;  of  the  third  bag  containing  the  list 
of  voters  kept  by  the  Poll  Clerks,  the  oaths  of  office  taken  by  the 
election  officers,  and  one  of  each  of  the  tally  papers.  For  further 
particulars  how  these  packages  must  be  sealed  and  where  they  are 
to  be  delivered,  see  under  the  head  of  '^Disposition  of  Papers." 

DISPOSITION  OF  PAPERS. 

The  various  papers  and  documents  used  by  the  Board  must  be 
disposed  of  as  follows : 

(a)  The  count  being  completed,  the  Board  must  place  in  a 
paper  bag  or  envelope,  to  be  furnished  for  that  purpose,  all  affi- 
davits made  and  taken  during  the  progress  of  the  election,  which 
bag  or  envelope  must  be  securely  sealed  by  the  Board.  Each  mem- 
ber of  the  Board  (Inspector  and  two  Judges)  must  indorse  his 
name  on  the  back  of  such  bag  or  envelope,  which  must  be  delivered 
at  once  to  the  County  Clerk  by  the  Inspector. 

(h)  All  protested,  uncounted,  disputed  or  defective  ballots 
preserved  from  destruction  must  be  put  in  another  bag  furnished 
for  that  purpose,  together  with  the  seals  of  the  ballot  packages,  in 
the  same  condition  as  they  were  when  the  packages  were  opened  at 
the  beginning  of  the  election.  The  Inspector  must  seal  this  bag 
with  wax  and  indorse  thereon  the  number  of  ballots  therein,  and 
the  condition  of  the  seals  of  the  ballot  packages,  with  the  name  of 
the  township  and  precinct  or  ward  and  precinct,  and  he  must  de- 
liver it,  at  the  earliest  possible  period,  to  the  County  Clerk. 

(c)  In  a  third  bag  must  be  placed  one  of  the  list  of  voters  kept 
by  the  Poll  Clerks,  and  one  of  each  kind  of  tally  sheets,  and  the 
oaths  of  office  taken  and  subscribed  by  the  election  officers  prior 
to  the  opening  of  the  polls.  This  bag  must  be  tightly  closed  and 
sealed  with  wax  by  the  Inspector  in  the  presence  of  the  Judges,  and 
the  Inspector  must  deliver  it  to  the  County  Clerk  at  once,  and 
make  the  affidavit  required  by  Section  4713,  E.  S.  1881;  K.  S. 
3.901.  Sec.  6268, 


VOTERS  AND  ELECTION  OFFICERS.      -        21 

(d)  The  certificate  of  the  result  of  the  election,  with  the  re- 
maining sheets  and  poll  list,  must  be  delivered  at  once  by  the  In- 
spector to  the  County  Board  of  Canvassers  at  the  County  Clerk's 
office,  to  be  used  in  the  general  canvass  of  the  votes.  In  no  event 
should  the  Inspector  or  Judge,  who  has  been  selected  as  custodian 
of  these  papers,  part  with  their  possession  or  permit  them  to  be 
changed,  handled  or  mutilated. 

BOARD  OF  CANVASSERS. 

VOTES  FOR  ALL  OFFICERS  OTHER  THA:^  TOWN- 
SHIP OFFICERS— WHETs^,  WHERE  AND  HOW  CAN- 
VASSED. The  votes  for  all  officers,  other  than  Township  officers, 
are  canvassed  by  the  County  Board  of  Election  Commissioners, 
which  for  that  purpose  is  constituted  a  Board  of  Canvassers ;  the 
Board  meeting  for  that  purpose  in  the  Circuit  Court  Room  in  the 
Court  House  at  six  o'clock  p.  m.  upon  the  day  of  election.  The 
Board  of  Canvassers  receive  the.  election  returns  from  the  County 
Clerk,  to  whom  they  must  be  delivered  by  the  Inspector  imme- 
diately after  the  polls  are  closed  on  the  day  of  election.  The  Board 
proceeds  to  canvass  the  vote,  comparing  the  certificates,  poll  books 
and  tally  papers,  and  aggregating  the  vote,  and  declare  and  certify 
the  result.  If  two  or  more  persons  shall  have  the  highest  and  an 
equal  number  of  votes  for  a  single  office  to  be  filled  by  the  voters 
of  the  county,  the  Board  declares  that  no  person  is  elected  to  fill 
the  off.ce  and  certifies  to  that  effect.  The  Board  must  declare  the 
person  having  the  highest  number  of  votes  for  any  office  to  be  filled 
by  the  voters  of  a  single  coimty  duly  elected  to  said  office,  and 
certify  the  same.  No  tally  papers,  poll  book  or  certificate  returned 
by  any  election  board  can  be  rejected  for  want  of  form  if  it  can 
be  satisfactorily  understood,  and  in  no  case  can  the  Board  of  Can- 
vassers reject  the  return?  from  any  precinct  if  they  are  certified  by 
the  Board  of  Election  of  the  precinct,  as  required  by  law,  and  pre- 
sented by  the  Inspector  or  one  of  the  Judges  of  the  Board.  The 
acts  of  the  Board  of  Canvassers  are  ministerial ;  the  canvass  must 
be  made  from  the  face  of  the  tally  papers,  poll  books  and  certifi- 
cates made  by  the  Inspectors,  Judges  and  Clerks,  but  it  is  now  per- 
mitted to  hear  testimony  and  compel  the  attendance  of  witnesses  to 
answer  under  oath  touching  any  questions  which  may  properly 


22  «  INSTRUCTIONS    TO 

come  before  the  Board.  The  Sheriff  of  the  county  must  certify  all 
process  and  obey  all  orders  of  the  Board,  and  shall  during  the  can- 
vass supply  a  deputy  who  shall  remain  in  attendance  upon  the 
Board^  and  be  paid  by  the  county  at  the  rate  of  two  dollars  for 
every  eight  hours  of  such  attendance.  Failure  to  attend  in  re- 
sponse to  a  subpoena  is  made  a  contempt.  In  case  of  a  disagree- 
ment between  the  members  of  the  Board  of  Canvassers  as  to  how 
the  vote  of  any  precinct  shall  be  counted,  the  matter  in  dispute 
must  be  forthwith  reported  by  the  Board  to  the  Judge  of  the  Cir- 
cuit Court  in  a  brief  written  statement,  setting  forth  the  grounds 
of  disagreement  together  with  all  papers  concerning  the^matter. 
and  such  judge  shall  summarily  determine  such  dispute  and  direct 
how  such  vote  shall  be  coimted,  and  such  determination  shall  be 
final  as  regards  the  action  of  the  Board  of  Canvassers.  It  is  the 
duty  of  each  Inspector  of  elections,  as  soon  as  the  certificates  re- 
quired by  law  have  been  signed  by  the  precinct  election  boards,  to 
deliver  them  together  with  one  of  the  lists  of  voters  and  one  of  the 
tally  papers  containing  the* vote  of  the  precinct  for  all  officers  voted 
for,  and  with  all  bags  required  to  be  returned  to  the  County  Clerk, 
and  this  return  must  be  made  promptly  upon  the  night  of  the  elec- 
tion. 

VOTES  FOR  T0W:N^SIIIP  OFFICERS— WHE^,  WHERE 
AND  HOW  CANVASSED.  The  votes  for  township  officers, 
where  there  is  but  one  precinct  in  the  township,  are  canvassed  by 
the  Board  of  Election,  after  the  polls  are  closed,  on  the  day  of 
election,  and  the  result  certified  accordingly;  but  in  all  townships 
where  there  are  more  than  one  precinct  and  not  more  than  ten  pre- 
cincts, the  Inspectors  of  the  several  precincts,  or  the  Judge  of  Elec- 
tion to  whom  the  certificates,  poll  books  and  tally  papers  have  been 
delivered,  constitute  a  Board  of  Canvassers,  who  must  meet  on  the 
day  following  the  election  at  the  office  of  the  Township  Trustee 
at  as  near  10  o'clock  a.  m.  as  practicable,  and  organize  by  electing 
one  of  their  number  as  chairman  and  one  as  clerk,  and  compare 
the  certificates,  poll  books  and  tally  papers,  aggregate  the  vote,  and 
declare  and  certify  the  result ;  and  if  two  or  more  persons  have  the 
highest  and  equal  number  of  votes  for  the  same  office  they  must 
determine  by  lot  which  shall  be  declared  elected  and  give  a  cer- 
tificate accordingly.     (Sees.  188  and  139.) 


VOTERS  AND  ELECTION  OFFICEBS.  23 

If  there  are  more  than  ten  voting  precincts  in  any  tovniship  of 
a  county,  then  the  vote  for  township  oflBcers  in  such  township,  shall 
be  canvassed  by  the  County  Board  of  Canvassers  at  the  same  time 
and  place,  that  the  vote  for  county  officers  is  canvassed. 

MACHINE  VOTING. 

Where  machines  are  provided  for  voting,  a  railing  shall  separate 
the  part  of  the  room  occupied  by  the  Election  Board  from  that  oc- 
cupied by  the  machine.  The  exterior  of  the  machine  and  every 
part  of  the  polling  pjace  shall  be  in  plain  view  of  the  Board.  The 
machine  shall  be  so  placed  that  no  person  outside  the  railing  can 
see  how  any  person  has  voted.  Ko  one  can  go  inside  the  railing 
except  for  the  purpose  of  voting,  unless  it  is  necessary  to  assist 
a  cripple  or  illiterate  voter  to  vote.  If  a  voter  remain  in  the  com- 
partnient  longer  than  one  minute,  he  shall  be  removed.  (Sec. 
225.) 

Cripples  and  illiterate  persons  can  receive  assistance  in  machine 
voting  only  under  circumstances  which  permit  assistance  in  vot- 
ing by  ballot.     (Sec.  226.) 

Sample  ballots  for  machine  voting  are  provided  by  the  county 
in  the  form  of- a  diagram  showing  the  entire  front  of  the  voting 
machiae  after  the  ballot  labels  are  attached  for  voting.  Three  of 
such  sample  machine  ballots  shall  be  posted  near  the  entrance  to  the 
voting  chute.     (Sec.  228.) 

The  Inspector,  when  he  gets  his  supplies  on  the  Saturday  be- 
fore election,  gets,  among  other  things,  three  extra  sets  of  ballot 
labels  for  use  in  emergencies;  but  the  labels  on  the  machines  are 
to  be  placed  there  originally  by  the  County  Board  of  Election 
Commissioners.     (Sec.  229.) 

After  six  o'clock  in  the  evening  of  the  day  before  the  election, 
the  Inspector  and  Judges  meet  in  the  election  room,  and  see  that 
the  machine  is  properly  labeled,  set  and  adjusted,  ready  for  vot- 
ing. At  five  o'clock  on  election  morning,  the  Election  Board  with 
the  Clerks  and  Sheriffs  must  meet  in  the  election  room  and  finally 
assure  themselves  that  the  machines  are  properly  labeled,  set 
at  zero,  and  in  order.     (Sec.  229.) 

As  soon  as  the  polls  are  closed,  the  Inspector  in  the  presence 
of  the  Judges,  Clerks,  Sheriffs  and  Watchers,  after  locking  the 


24  INSTBUOTIONS   TO 

voting  part,  shall  open  the  counting  compartment  and  read  off 
and  announce  the  vote,  which  shall  be  immediately  taken  down 
and  recorded  by  the  Clerks.  The  certificates  shall  be  returned  at 
once  to  the  Canvassing  Board  at  the  Clerk's  office  precisely  as 
in  voting  by  ballot.  (Sec.  232.)  The  machine  must  then  be  locked 
up.  (Sec.  2f33.)  The  keys  of  the  machine  must  be  returned  to 
the  County  Auditor.     (Sec.  235.) 

A  full  supply  of  ballots,  booths  and  boxes  for  voting  purposes 
will  be  furnished  each  Election  Board.  If  a  machine  fails  to 
work  or  breaks  down  at  any  time,  notice  must  be  sent  to  the  County 
Auditor  at  once ;  but  the  voting  must  not  be  delayed,  printed  bal- 
lots must  be  issued  to  the  voters  and  the  election  must  proceed  as 
if  no  machine  had  been  provided.  In  canvassing  the  vote  where 
this  has  occurred,  the  ballot  vote  is  to  be  added  to  the  machine 
vote  as  recorded  at  the  time  of  the  break-down. 

CONSTITUTIONAL  AMENDMENT. 

Constitutional  amendments^ when  proposed  are  printed  in  brief 
on  the  State  ballots  below  the  State  tickets,  and  with  machine 
voting  on  the  machine  above  the  State  tickets.  It  is  the  duty  of 
the  Inspector  to  draw  the  attention  of  each  voter-  to  the  amend- 
ment and  to  instruct  him,  if  he  favors  the  amendment,  to  mark  the 
square  before  the  word  Yes,  and,  if  not,  to  mark  the  square  before 
the  word  No.  Every  voter  should  vote  upon  proposed  amend- 
ments, as  they  can  not  be  adopted  by  less  than  a  majority  of  all 
voters  voting  for  any  officer  at  the  election.  In  re  Denny,  156 
Ind.  104. 

PARTIES. 

The  party  vote  of  1904  was  as  follows : 

Democratic 274,998 

Republican  369,362 

Prohibitionist    22,690 

Socialist   10,991 

Peoples   2,065 

Socialist  Labor 1,437 

Total  vote 671,643 


VOTERS  AND  ELECTION  OFFICERS.  25 

Under  the  law,  each  of  the  four  political  parties  which  cast 
the  largest  vote  in  1904  is  entitled  to  one  Watcher  at  the  count 
(Sec.  83),  and  each  partv  which  cast  one  per  cent  of  the  total 
vote  is  entitled  to  nominate  its  candidates  by  petition.  Under  this 
vote,  the  only  political  parties  entitled  to  nominate  by  petition 
and  to  have  Watchers  at  the  count,  are  the  Democratic,  Repub- 
lican, Prohibition  and  Socialist  parties.  iSTominees  of  other  par- 
ties can  only  be  placed  on  the  official  ballot  by  petition,  and  only 
such  signatures  to  petitions  can  be  <?ounted  as  have  been  acknowl- 
edged before  an  officer  authoriz'^d  to  take  acknowledgments. 

ELECTION  SUPPLIES. 

Inspectors  are  required  /y  law  to  call  at  the  offices  of  the  Au- 
ditor and  Clerk  in  the  Court  House  for  election  supplies  on  the 
Saturday  before  election.  If  they  can  not  go  in  person,  they  must 
send  one  of  the  -Judges.  If  they  do  not  get  the  supplies  on  Sat- 
urday, they  must  serve  as  Inspector  without  compensation,  and 
are  subject  to  a  fine  of  from  ten  to  one  hundred  dollars. 

RETURN  OP  VOTE. 

f 
The  vote  must  be  returned  by  the  Inspector  to  the  Clerk's  office 

in  the  Court  House  immediately  on  the  conclusion  of  the  count. 
ARRANGEMENT  OF  BLANKS  AND  TICKETS. 

STATE  BALLOTS. 

On  the  State  tickets  the  names  of  the  candidates  will  be  in  the 
following  order : 

For  Presidential  Elector  at  Large. 

For  Presidential  Elector  at  Large. 

For  Presidential  Elector,  First  District.  • 

For  Presidential  Elector,  Second  District. 

For  Presidential  Elector,  Third  District. 

For  Presidential  Elector,  Fourth  District. 

For  Presidential  Elector,  Fifth  District. 

For  Presidenital  Elector,  Sixth  District. 

For  Presidential  Elector,  Seventh  District. 

For  Presidential  Elector,  Eighth  District. 


26  INSTBUOTIONS    TO 

For  Presidential  Elector,  Ninth  District. 

For  Presidential  Elector,  Tenth  District. 

For  Presidential  Elector,  Eleventh  District. 

For  Presidential  Elector,  Twelfth  District. 

For  Presidential  Elector,  Thirteenth  District. 

For  Governor. 

For  Lieutenant-Governor. 

For  Secretary  of  State. 

For  Auditor  of  State. 

For  Treasurer  of  State. 

For  Attorney-General. 

For  Clerk  of  the  Supreme  Court. 

For  Reporter  of  Supreme  Court. 

For  Superintendent  of  Public  Instruction. 

For  Chief  of  the  Bureau  of  Statistics. 

For  State  Geologist. 

For  Judge  of  the  Supreme  Court,  First  District. 

For  Judge  of  the  Supreme  Court,  Second  District. 

For  Judge  of  the  Supreme  Court,  Third  District. 

For  Judge  of  the  Supreme  Court,  Fourth  District. 

For  Judge  of  the  Supreme  Court,  Fifth  District. 

For  Judges  of  the  Appellate  Court,  First  District. 

For  Judges  of  the  Appellate  Court,  Second  District. 

CONSTITUTIONAL  AMENDMENTS. 
LOCAL  BALLOTS. 

On  the  local  tickets  the  names  of  the  candidates  should  be  in  the 
following  order  as  far  as  applicable  to  the  particular  county : 

For  Representatives  in  Congress, Congressional  District. 

For  Judge  of  the  Circuit  Court, Judicial  Circuit. 

For  Judge  of  the  Superior  Court, Superior  Court  Dis- 
trict. 

For  eJudge  of  Superior  Court, County. 

For  Judge  of  the  Criminal  Court, County. 

For  Senator, County. 

For  Joint  Senator, Counties. 

For  Representative, Coimty. 

For  Joint  Representatives, Counties. 


VOTifiltS    A.ND     ELECTION     OFFICEKS.  27 

For  Clerk  of  the  Circuit  Court. 

For  County  Auditor. 

For  County  Treasurer. 

For  "Recorder. 

For  Sherilf. 

For  Coroner. 

For  County  Surveyor. 

For  County  Assessor. 

For  County  Commissioner,  First  District. 

For  County  Commissioner,  Second  District. 

For  County  Commissioner,  Third  District. 

For  County  Councilmen  at  Large. 

For  County  Councilman, District. 

TOWNSHIP  BALLOT. 

For  Township  Trustee. 
For  Township  Assessor. 
For  Township  Advisory  Board. 
For  Justices  of  the  Peace. 
For  Constables. 

On  the  blank  forms  for  canvassing  provided  by  the  County  Au- 
ditor, the  names  of  the  candidates  should  be  arranged  in  the  same 
order. 


EXPLANATION. 


The  references  at  the  end  of  the  sections  are  to  Thornton's  Re- 
vised Statutes  of  1897 ;  Burns'  Revised  Statutes  of  1894,  1901, 
and  1905,  and  the  Revised  Statutes  of  1881.  The  letters  ''E.  S." 
refers  to  "Elliott's  Supplement"  of  1889. 

Owing  to  the  law  of  1897  substituting  the  use  of  a  blue  pencil 
for  a  stamp,  in  voting,  the  word  "pencil"  has  been  inserted  im- 
mediately after  or  before  the  word  "stamp;"  "marking,"  after 
"stamping,"  and  "marked,"  after  "stamped,"  wherever  these  words 
occur  in  the  law  of  1889  or  in  the  amendments  thereto. 


-28- 


CHAPTER  1. 


SBC 

1, 

SE 

1. 

Elections   free. 

8. 

2. 

Qualificatious  of  electors. 

9. 

3. 

Soldiers — Seamen — Marines. 

10. 

4. 

Residence. 

11. 

5. 

Abrogated. 

12. 

6. 

Bribery. 

13. 

7. 

Challenge  to  duel. 

14. 

CONSTITUTIONAL  PROVISIONS. 

ARTICI/E  II— CONSTITUTION  OF  INDIANA. 


Disfranchisement. 

Effect  of  holding  lucrative  office. 

Defaulters. 

Pro  tempore  appointments. 

Electors  free  from  arrest. 

Method  of  elections. 

Time  of  elections. 


1.  Elections  Free. 

All  election  shall  be  free  and  equal. 

2.  Qualifications  of  Electors. 

(As  amended  March  14^  1881.)  In  all  elections  not  other- 
wise provided  for  by  this  Constitution,  every  male  citizen  of  the 
United  States,  of  the  age  of  twenty-one  years  and  upwards,  who 
shall  have  resided  in  the  State  during  the  six  months,  and  in  the 
township  sixty  days,  and  in  the  ward  or  precinct  thirty  days  im- 
mediately preceding  such  election,  and  every  male  of  foreign  birth, 
of  the  age  of  twenty-one  years  and  upwards,  who  shall  have  re- 
sided in  the  United  States  one  year,  and  shall  have  resided  in  the 
State  during  the  six  months,  and  in  the  township  sixty  days,  and 
in  the  ward  or  precinct  thirty  days  immediately  preceding  such 
election,  and  shall  have  declared  his  intention  to  become  a  citizen 
of  the  United  States,  conformably  to  the  laws  of  the  United  States 
on  the  subject  of  naturalization,  shall  be  entitled  to  vote  in  the 
township  or  precinct  where  he  may  reside,  if  he  shall  have  been 
duly  registered  according  to  law. 

3.  Soldiers — Seamen — Marines. 

Xo  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have  acquired  a 
residence  in  the  State  in  consequence  of  having  been  stationed 
within  the  same ;  nor  shall  any  such  soldier,  seaman  or  marine  have 
any  right  to  vote. 

4.  Residence. 

No  person  shall  be  deemed  to  have  lost  his  residence  in  the 
State  by  reason  of  his  absence,  either  on  business  of  this  State  or 
of  the  United  States. 


-29- 


30  GEI^fiRAL    LAWS 

5.  (Abrogated  March  14,  1881.) 

6.  Bribery. 

Everj  person  shall  be  disqualified  for  holding  office  during 
the  term  for  which  he  may  have  been  elected  who  shall  have 
given  or  offered  a  bribe,  threat  or  reward,  to  secure  his  election. 

7.  Challenge  to  Duel. 

Every  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  who  shall  knowingly  carry  to  another  person  such  chal- 
lenge, or  who  shall  agree  to  go  out  of  the  State  to  fight  a  duel,  shall 
be  ineligible  to  any  office  of  trust  or  profit. 

8.  Disfranchisement. 

The  General  Assembly  shall  have  power  to  deprive  of  the 
right  of  suffrage  and  to  render  ineligible  any  person  convicted  of 
any  infamous  crime. 

9.  Effect  of  Holding  Lucrative  Office. 

'No  person  holding  a  lucrative  office  or  appointment  under 
the  United  States,  or  under  this  State,  shall  be  eligible  to  a  seat 
in  the  General  Assembly;  nor  shall  any  person  hold  more  than  one 
lucrative  office  at  the  same  'time,  except  as  by  this  Constitution  ex- 
pressly permitted :  Provided,  That  offices  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  and  the  office  of  deputy  post- 
master, where  the  compensation  does  not  exceed  ninety  dollars  per 
annum,  shall  not  be  deemed  lucrative:  And  provided,  also.  That 
counties  containing  less  than  one  thousand  polls  may  confer  the 
office  of  Clerk,  Recorder  and  Auditor,  or  any  two  of  said  offices, 
upon  the  same  person. 

10.  Defaulters. 

No  person  who  may  hereafter  be  a  collector  or  holder  of  pub-, 
lie  moneys  shall  be  eligible  to  any  office  of  trust  or  profit  until  he 
shall  have  accounted  for,  and  paid  over  according  to  law,  all  sums 
for  which  he  may  be  liable. 

11.  Pro  Tempore  Appointments. 

In  all  cases  in  which  it  is  provided  that  an  office  shall  not  be 
filled  by  the  same  person  more  than  a  certain  number  of  years 
continuously,  an  appointment  pro  tempore  shall  not  be  reckoned  a 
part  of  that  term. 

12.  Electors  Free  from  Arrest. 

In  all  cases,  except  treason,  felony,  and  breaches  of  the  peace, 
electors  shall  be  free  ffom  arrest  in  going  to  elections,  during  their 
attendance  there,  and  in  returning  from  the  same. 


CONCERNING    ELEOTIONB.  31 

13.  Method  of  Elections. 

All  elections  by  the  people  shall  be  by  ballot,  and  all  elec- 
ticns  by  the  General  Assembly,  or  either  branch  thereof,  shall  be 
viva  voce. 

14.  Time  of  Elections. 

(As  amended  March  14,  1881.)  All  general  elections  shall 
be  held  on  the  first  Tuesday  after  the  first  Monday  in  November ; 
but  tOA\Tiship  elections  may  be  held  at  such  time  as  may  be  pro- 
vided by  law:  Provided,  That  the  General  Assembly  may  pro- 
vide by  law  for  the  election  of  all  judges  of  courts  of  general  and 
appellate  jurisdiction  by  an  election  to  be  held  for  such  officers 
only,  at  which  time  no  other  officer  shall  be  voted  for;  and  shall 
also  provide  for  the  registration  of  all  persons  entitled  to  vote. 


32 


GENERAl.    LAWS 


CHAPTER  2. 


ELECTIONS, 


AKT. 

1.  General  elections. 

2.  Special  elections. 

3.  Townsliip  elections. 


ABT. 

4.  Re-counting. 

5.  Contest. 

6.  To  secure  purity  of  elections. 


ARTICLE  I— GENERAL  ELECTIONS. 


SBC. 

15. 

16. 

17. 
18. 
19. 
20. 
21. 
22. 
23. 

24. 
25. 
26. 
27. 


31. 


When  held— What  offices  filled. 

Certificate  of  Clerk— Notice  of  Sher- 
iflp. 

Qualifications  of  electors. 

Who  disfranchised. 

Soldiers,  seamen  and  marines. 

Residence. 

Electors  freedom  from  arrest. 

Betting  on  elections. 

Place  of  holding— Voters  in  pre- 
cincts. 

Boundaries   of   precincts— Change. 

Officers  of  election. 

Inspectors  and  election  board. 

Clerks   of  election. 

Blank  forms. 

Oath  of  election  board. 

Administered  by  whom. 

Inspector's  duty— Administers  oaths. 

Ballot   boxes. 

Ballot  boxes — How  constructed. 

Opening  and  closing  election. 

Where  to  vote.  * 

Polling  precincts. 

Giving  information  to  poll-takers. 

List  of  voters. 

Withholding  information— Penalty. 

Deceiving    poll-takers— Penalty. 

Giving  fictitious  names— Penalty. 

Proclamation   of   opening. 

Election   sheriffs. 

State  Board  of  Election  Commis- 
sioners. 

County  Board  of  Election  Commis- 
sioners. 

Board's  duties. 

Signatures  must  be  acknowledged. 

Nominating  petitions. 

Preservation  of  petitions. 

When  to  be  filed. 

Governor's  certificate. 

Resignation  of  nominees. 

Constitutional   amendments. 

Form  of  ballots. 

Nominee's  name  on  ballot  but  once. 

Candidate  to  elect  nomination. 

Resignation  of  candidates— Vacancy. 

Vacancy    in    nominations. 

Printer's  duties— Penalty. 

Distributing  ballots. 

Clerk's  allowance. 

Permitting  ballots  to  be  taken 
away— Penalty. 

Taking  ballots  away— Penalty. 

Distribution  of  ballots. 

Opening   packages— Clerk's   initials. 

Cards— Instructions— Posting  of  bal- 
lots. 

Special  messengers. 

Failure  of  inspectors  to  appear. 

Ballots  lost. 

Destroying    ballots    not    used— Rec- 

Rooms— Booths. 

Who  may  stand  near  polls. 

Arrest   of  illegal  voter. 

Perjury— False  affidavit. 


SEC. 

75. 

76. 
77. 
78. 

79. 
80. 
81. 

82. 


84. 
85. 


86. 
87. 


91. 

92. 

93. 

94. 

95. 

96. 

97. 

98. 

99. 
100. 
101. 
102. 
103. 
104. 

105. 
106. 
107. 
108. 
109. 
110. 
111. 
112. 
113. 

114. 
115. 
116. 
117. 
118. 

•119. 
120. 
121. 
122. 

123. 

124. 


Election  holiday  —  Preventing  em- 
ploye voting. 

Manner  of  voting. 

Paster  ballots. 

Number  of  persons  in  booth— Spoil- 
ing ballots. 

Illiterate  voters. 

Distinguishing  marks— Penalty. 

Taking  ballots  from  election  room- 
Penalty. 

Counting  and  destroying  unvoted 
ballots. 

Canvassing  votes— Destroying  bal- 
lots. 

Penalties  for  violating  election  law. 

Penalties  for  Clerk,  Inspector  or 
Messenger. 

Entering  election  room— Remaining 
close  to  polls. 

Inducing  voter  to  put  mark  on  his 
ballot. 

Revealing  how  elector  voted. 

Inducing  member  of  Board  to  vio- 
late this  act. 

Removing  or  destroying  election 
supplies. 

Electioneering — Revealing   vote. 

Officer  violating  his  duty. 

Constitutional  amendments. 

Preservation  of  affidavits. 

Township  and  county  elections. 

City  and  township  elections. 

Holidays. 

Laws  repealel. 

Duty  of  Board. 

Adjournments  forbidden. 

Meals  for  election  officers. 

Certificate  of  judge. 

Care  of  ballots. 

Inspector,  County  and  City  Clerk, 
duties. 

Clerk's  and  Trustee's  duties. 

Board  of  Canvassers. 

Officers  of  Board. 

Clerical  assistants. 

Duties  of  Board. 

Certificate. 

Tie  vote. 

Defective  papers— Duty  of  Board. 

Evidence  when  heard,  witness  in 
contempt. 

Disputes,  decision  by  Circuit  Judge. 

Certificate  of  election. 

Defective  returns— Commission. 

Certificate  of  vote  for  Legislators. 

Certificate  of  election  of  Legisla- 
tors. 

Tie  vote  for  Legislators. 

Certificate  to  Secretary  of  State. 

Duty  of  Secretary  of  State. 

Secretary  of  State  and  Governor  as 
to  Congressman. 

Clerks'  duty  as  to  election  of  Gov- 
ernor. 

Pay  of  officers. 


CONCERNING    ELECTIONS.  33 

[1881,  S.,  p.  482.    Approved  April  21,  1881.    In  force  September  19,  1881.] 

15.  When  Held— What  Offices  Filled. 

1.  A  general  election  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  ^N^ovember  in  the  year  one  thousand  eight  hun- 
dred and  eighty-two,  and  biennially  thereafter  on  the  same  day, 
at  which  election  all  existing  vacancies  in  office,  and  all  offices  the 
terms  of  which  will  expire  before  the  next  general  election  there- 
after, shall  be  filled,  unless  otherwise  provided  by  law.  (R.  S. 
1901  §6190;  R  S.  1897  §6480;  E.  S.  1894  §6190;  E.  S.  §4678.) 

16.  Certificate  of  Clerk— Notice  of  Sheriff. 

2.  The  Clerk  of  the  Circuit  Court  shall,  at  least  twenty  days 
before  such  election,  certify  to  the  Sheriff  of  his  county  what  offi- 
cers are  to  be  elected;  and  such  Sheriif  shall  give  fifteen  days' 
notice  thereof,  by  posting  up,  at  all  usual  places  of  holding  such 
elections,  a  copy  of  such  certificate,  and  by  one  publication  thereof 
in  some  newspaper  of  his  county,  if  any  there  be,  and  by  deliver- 
ing a  copy  thereof  to  the  Township  Trustee  of  each  township 
within  the  county.  But  no  election  shall  be  invalidated  by  the 
failure  of  such  Clerk  or  Sherifi^  in  the  performance  of  any  of  the 
duties  enjoined  by  this  section.  (E.  S.  1901  §6191;  E.  S.  1897 
§6481;  E.  S.  1894  §6191;  E.  S.  1881  §4679.) 

17.  Qualifications  of  Electors. 

3.  All  elections  shall  be  free  and  equal,  and  in  all  elections 
every  male  citizens  of  the  United  States,  of  the  age  of  twenty-one 
years  and  upwards,  who  shall  have  resided  in  this  State  during  the 
six  months,  in  the  township  sixty  days,  and  in  the  ward  or  precinct 
thirty  days  immediately  preceding  such  election;  and  every  male 
of  foreign  birth,  of  the  age  of  twenty-one  years  and  upwards,  who 
shall  have  resided  in  the  United  States  one  year,  and  shall  have 
resided  in  this  State  during  the  six  months,  in  the  township  sixty 
days,  and  in  the  ward  or  precinct  thirty  days  immediately  preced- 
ing such  election,  and  shall  have  declared  his  intention  to  become 
a  citizen  of  the  United  States,  conformably  to  the  laws  of  the 
United  States  on  the  subject  of  naturalization, — shall  be  entitled 
to  vote  in  the  township  or  precinct  where  he  may  reside.  (E.  S. 
1901  §6192;  E.  S.  1897  §6482;  E.  S.  1894  §6192;  E.  S.  1881 
§4680.) 

18.  Who  Disfranchised. 

4.  Every  person  undergoinjs:  a  sentence  of  imprisonment  on 
conviction  for  any  felony  or  misdemeanor  shall  be  disfranchised 
during  the  period  of  such  imprisoument.  (E.  S.  1901  §6193;  E. 
S.  1897  §6488;  E.  S.  1894  §6193;  E.  S.  1881  §4681.) 

3 


34  GENERAL    LAWi 

19.  Soldiers,  Seamen  and  Marines. 

5.  'No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of  tht 
United  States  or  of  their  allies,  shall  be  deemed  to  have  acquired 
a  residence  in  the  State  in  consequence  of  having  been  stationed 
within  the  same ;  nor  shall  any  such  soldier,  seaman,  or  marine 
have  the  right  to  vote.  (R.  S.  1001  §6194;  R.  S.  1897  §6484; 
R.  S.  1894  §6194;  R.  S.  1881  §4682.) 

20.  Residence. 

6.  No  person  shall  be  deemed  to  have  lost  his  residence  in 
the  State  by  reason  of  his  absence  either  on  business  of  this  State 
or  of  the  United  States.  (R.  S.  1901  §6195 ;  R.  S.  1897  §6485 ; 
R.  S.  1894  §6195;  R.  S.  1881  §4683.) 

21.  Elector's  Freedom  from  Arrest. 

7.  In  all  cases,  except  treason,  felony  and  breach  of  the 
peace,  electors  shall  be  free  from  arrest  in  going  to  elections,  dur- 
ing their  attendance  there,  and  in  returning  from  the  same.  (R. 
S.  1901  §6196;  R.  S.  1897  §6486;  R.  S.  1894  §6196;  R.  S.  1881 
§4684.) 

[1857,  p.  35.     Approved  March  4,  18.57.     In  force  August  24,  1857.] 

22.  Betting  on  Election. 

1.  Any  person  who  shall  bet  or  wager  any  money  or  other 
valuable  property  on  the  result  of  any  election  in  this  or  any  other 
State,  shall,  upon  conviction  thereof,  forfeit  and  pay  to  the  State 
of  Indiana,  for  the  benefit  of  the  common  school  fund,  any  sum 
not  less  than  the  amount  so  bet  or  wagered  nor  more  than  twice 
said  amount.  (R.  S.  1901  §6197;  R.  S.  1897  §6487;  R.  S.  1894 
§6197;  R.  S.  1881  §4685.) 

[1889,  p.  157.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

23.  Precincts. 

1.  That  the  County  Commissioners  of  each  county  in  this 
State  shall,  at  their  first  session  after  the  taking  eifect  of  this  Act, 
divide  the  townships  of  their  respective  counties  into  election  pre- 
cincts, and  establish  the  boundaries  of  the  same.  Such  Board  of 
Commissioners  shall  designate  at  least  one  place  of  holding  elec- 
tions in  each  toT\Tiship,  and  every  township  in  which  only  one 
place  of  holding  elections  is  designated  shall  constitute  a  precinct. 
There  shall  be  but  one  voting  place  in  a  precinct.  Each  precinct 
shall  contain,  as  nearly  as  practicable,  two  hundred  electors,  based 
on  the  number  of  votes  cast  at  the  last  election  for  presidential 
electors ;  but  no  precinct  shall  contain  more  than  two  hundred  and 
fifty  electors.  If  at  any  election  hereafter  two  hundred  and  fifty 
or  more  votes  shall  be  cast  at  any  voting  place,  it  shall  be  the  duty 


COMCWiNlWQ    BiLBOTlOiCB.  '^^ 

of  the  Inspector  in  such  precinct  to  report  the  same  t©  the  Board 
of  County  Commissioners,  who  shall,  at  their  next  regular  meet- 
ing, divide  such  precinct  as  equally  as  possible  so  that  the  new 
precincts  formed  thereof  shall  each  contain  two  hundred  electors, 
as  nearly  as  practicable ;  but  no  precinct  shall  contain  more  than 
two  hundred  and  fifty  electors,  and  shall  report  such  division  to  the 
Clerk  of  the  Circuit  Court  of  such  county,  and  to  the  Governor 
of  the  State,  together  with  the  estimated  number  of  votes  in  each 
of  the  new  precincts.  If  such  Board  shall  fail  to  act  as  herein  di- 
rected, any  qualified  voter  of  the  county  may  apply  for  a  writ  of 
Mandamus  to  compel  a  performance  of  this  duty.  (R.  S.  1901 
§6198;  E.  S.  1897  §6488;  R.  S.  1894  §6198;  E.  S.  §1323.) 

Note — Precincts  in  which  voting  machines  are  used  may  contain  six 
hundred  votes.     Acts  1903,  p.  278;  R.  S.  1905  §0329. 

[1891,  p.  154.     Approved  March  G,  1891.     In  force  June  3,  1891.] 

24.  Boundaries  of  Precincts — Changes. 

2.  The  Board  of  Commissioners  of  any  county  may  change 
the  boundaries  of  any  precinct  within  such  county,  or  divide  any 
precinct  into  two  or  more  precincts,  or  consolidate  two  or  more 
precincts  into  one,  or  change  any  place  of  holding  elections  when- 
ever public  convenience  or  the  public  good  may  require  it:  Pro- 
vided, That  no  such  change,  division  or  consolidation  shall  be  made 
after  the  June  term  of  such  Commissioners'  Court  next  preceding 
an  election:  And,  Provided  further,  That  no  such  change,  divi- 
sion or  consolidation  shall  be  valid  without  giving  due  notice,  at 
least  one  month  before  any  election,  by  one  publication  in  two 
newspapers  published  in  said  county,  representing  the  two  politioal 
parties  which  cast  the  highest  number  of  votes  in  the  State  at  the 
last  general  election,  and  by  posters  put  up  in  four  of  the  most 
public  places  in  each  precinct:  And,  Provided  further.  That  no 
precinct  shall  be  enlarged  so  as  to  contain  more  than  two  himdred 
and  fifty  electors.  (R.  S.  1901  §6199:  E.  S.  1897  §6489;  R.  S. 
1894  §6199.) 

[1897,  p.  199.     Approved  and  in  force  March  6,  1897.] 

25.  Election  OflBcers. 

3.  Township  Trustees  shall,  by  virtue  of  their  office,  be  In- 
spectors of  Election?  in  the  precincts  in  which  they  respectively 
reside,  and  shall,  prior  to  the  opening  of  the  polls  in  such  pre- 
cincts, appoint  as  Judges  of  Elections  two  qualified  electors  of 
such  precinct,  who  shall  have  been  freeholders  and  resident  house- 
holders therein  for  at  least  one  year,  or  householders  for  at  leafft 
two  years  next  preceding  such  election,  and  who  are  members  of 
different  political  parties  and  of  the  parties  which  cast  the  highest 
number  of  votes  in  the  State  at  the  precodinc:  general   election: 


36  GENERAL   LAWS 

Provided,  If  no  persons  that  are  qualified  will  consent  to  serve  as 
such  Judges  or  that  if  there  are  no  persons  residing  in  any  pre- 
cinct qualified  to  act  as  Judges  of  Election,  by  reason  of  the  fact 
that  they  have  not  been  resident  householders  within  such  precinct 
for  one  year,  then  in  that  case  the  Township  Trustee  shall  appoint 
two  qualified  electors  of  such  precinct  as  such  Judges :  And,  Pro- 
vided further.  That  if  at  least  one  week  or  more  prior  to  such  elec- 
tion the  Chairman  of  the  County  Central  Committee  of  either 
of  the  two  parties  that  cast  the  largest  number  of  votes  in  the 
State  at  the  last  general  election  shall  designate  a  member  of  such 
party  as  Judge,  having  the  same  qualifications  as  above  prescribed, 
he  shall  be  appointed,  and  such  Judges,  together  with  the  Inspec- 
tor, shall  constitute  a  Board  of  Election.  'No  person  shall  be 
eligible  as  a  member  of  the  Board  of  Election  who  has  anything 
of  value  bet  or  wagered  on  the  result  of  such  election,  or  is  a  can- 
didate to  be  voted  for  at  such  election,  or  who  is  father,  father-* 
in-lav/,  son,  son-in-law,  grandfather,  grandson,  brother,  brother- 
in-law,  uncle,  nephew,  first  or  second  cousin  of  any  candidate  at 
such  election.  If  at  any  time  before,  or  during  an  election,  it 
shall  be  made  to  appear  to  any  Inspector,  by  the  afiidavit  of  two 
or  more  qualified  electors  of , the  precinct,  that  either  of  the  Judges 
is  disqualified  under  the  provisions  of  this  Act,  he  shall  at  once  re- 
move such  Judge  and  fill  the  place  with  a  qualified  person  of  the 
same  political  party  as  the  Judge  removed ;  and,  in  case  such  dis- 
qualified Judge  shall  have  taken  the  oath  of  office  hereinafter  pre- 
scribed, the  Inspector  shall  place  such  oath  and  afiidavit  before  the 
next  grand  jurv  of  the  county.  (R.  S.  1901  §6200;  R.  S.  1897 
§6490.) 

[1901,  p.  437.     Approved  March  11,  1901.     In  force  May  16,  1901.] 

26.    Inspectors  and  Election  Board. 

A.  Whenever  any  Board  of  County  Commissioners  shall 
designate  more  than  one  precinct  in  any  township,  it  shall,  at  the 
September  term  of  said  Board,  next  preceding  any  election,  ap- 
point in  each  precinct  in  which  no  township  trustee  resides,  as  In- 
spector of  such  election,  some  qualified  voter  of  such  precinct,  who 
.shall  have  been  a  freeholder  and  resident  householder  in  such  pre- 
cinct for  at  least  one  3^ear,  or  a  resident  householder  for  at  least  two 
years  next  preceding  such  election :  Provided,  That  if  no  person 
thus  qualified,  will  consent  to  serve  as  such  Inspector  or  if  there  is 
no  person  residing  in  any  precinct  qualified  to  act  as  Inspector,  by 
reason  of  the  fact  that  he  has  not  been  a  freeholder  and  resident 
householder  in  snch  precinct  for  one  year,  or  a  resident  house- 
holder in  such  precinct  for  two  years  preceding  such  election,  such 
Board  of  County  Commissioners  shall  appoint  some  qualified 
elector  of  such  precinct  as  such  Inspector.     Such  Board  of  County 


CONCERNING    ELECTIONS.  O  i 

Commissoiners  shall  hold  a  special  session  one  week  before  each 
election,  and  shall  fill  all  vacancies  that  may  have  occurred  in  the 
office  of  Inspector,  and  shall  fill  any  vacancy  occurring  thereafter 
at  any  regular  or  called  session  of  the  Board  previous  to  the  elec- 
tion. Such  appointed  inspector  shall,  before  the  time  of  opening  the 
election  in  his  precinct,  appoint  two  Election  Judges,  if  the  same 
have  not  already  been  appointed,  as  hereinbefore  provided,  in  the 
same  manner  and  under  the  same  requirements  as  provided  for 
Township  Trustees  acting  as  Inspectors ;  and  such  Judges  and  In- 
spectors shall  constitute  the  Board  of  Election  for  such  precinct. 
If  any  member  of  an  Election  Board  shall  fail  to  appear  at  the 
hour  appointed  for  the  opening  of  the  polls,  the  remainder  of  the 
Board  shall  select  a  member  of  his  political  party  to  serve  in  his 
stead:  Provided,  That  if  the  qualified  electors  of  his  party  pres- 
ent at  the  poJls  shall  nominate  a  qualified  person  for  such  vacancy ; 
such  nominee  shall  be  appointed.  If  none  of  the  members  of  an 
Election  Board  shall  appear  at  the  hour  appointed  for  opening 
the  polls,  the  qualified  electors  present  shall  elect  a  Board  viva 
voce,  as  nearly  as  possible  in  conformity  with  the  provisions  here- 
of.    (R  S.  1901  §6201.) 

[1889,  p.  157.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

27.  Poll  Clerks. 

5.  Such  Board  of  Election  shall  appoint  as  Poll  Clerks  two 
qualified  electors  of  such  precinct,  one  from  each  of  the  two  parties 
that  cast  the  largest  vote  in  the  State  at  the  last  general  election : 
Provided,  That  if,  four  days  or  more  prior  to  such  election,  the 
Chairman  of  the  County  Central  Committee  of  either  of  the  two 
parties  that  cast  the  largest  number  of  votes  in  the  State  at  the 
last  general  election  shall  designate  a  member  of  such  party  as 
Poll  Clerk,  such  nominee  shall  be  appointed.  (K.  S.  1901  §0202  ; 
R.  S.  1897  §6492;  R.  S.  1894  §6202;  E.  S.  §1327.) 

28.  Blaaik  Forms. 

6.  The  Auditor  of  each  county  in  the  State  shall  make  out 
and  cause  to  be  delivered  to  the  Inspectors  of  the  several  precincts 
in  their  respective  counties,  at  least  ten  days  previous  to  any  elec- 
tion, a  suitable  number  of  blank  forms  of  poll  books,  containing 
one  column  headed  "IN'ames  of  Voters,'^  and  an  additional  column 
headed  "Number  of  Voters"  [votes],  and  also  forms  of  election 
returns,  with  the  proper  captions,  forms  of  oaths,  and  forms  of 
certificates  and  tally  papers  necessary  to  be  used  in  all  elections 
hereafter  held  in  this  State.  (Ji.  S.  1901,  §6203;  R.  S.  1897, 
§6493;  R.  S.  1894,  §6203;  E.  S.^,  §1328.) 


38  GENERAL    LAWS 

29.     Officers'  Oaths. 

7.  Before  any  election  shall  be  opened,  the  Inspector  and 
Judges  shall  each  make  oath  to  support  the  Constitution  of  the 
United  States  and  of  this  State ;  to  faithfully  and  impartially  dis- 
charge the  duties  assigned  by  law ;  that  they  will  not  knowingly 
permit  any  person  to  vote  who  is  not  qualified,  and  not  knowingly 
refuse  the  qualified  vote  of  any  elector,  or  cause  any  delay  to  per- 
sons offering  to  vote,  further  than  is  necessary  to  procure  satis- 
factory information  of  the  qualification  of  such  person  as  an  elec- 
tor ;  that  they  will  not  disclose  or  communicate  to  any  person  how 
any  elector  voted  or  how  any  ballot  was  folded,  marked  or 
stamped ;  and  that  they  are  now  and  for  one  year  next  preceding- 
have  continued  to  be  bona  fide  residents  and  freeholders,  or  bona 
fide  householders,  for  at  least  two  years,  of  the  township  in  which 
such  precinct  is  situated ;  and  that  they  have  nothing  of  value  bet 
or  wagered  upon  the  result  of  said  election,  and  are  not  candidates 
at  said  election,  and  that  they  are  not  related  to  any  person  to  be 
voted  for  at  said  election  Within  the  degrees  named  in  section  three 
of  this  Act;  which  oath  shall  be  in  writing  or  printed,  and  shall 
be  subscribed  and  executed  before  some  person  authorized  by  law 
to  administer  oaths,  which  officer  shall  attach  thereto  his  jurat; 
and  such  oath  shall  then  be  attached  to  the  poll  book,  and  with  it 
return  [returned]  to  the  Clerk's  office  of  his  county,  as  hereinafter 
provided. 

Which  oath  shall  be  in  the  following  form  : 

State  of  Indiaka, 
County. 


I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  of  this  State ; 
that  I  will  faithfully  and  impartially  discharge  the  duties  as  In- 
spector or  Judge  of  election  assigned  by  law ;  that  I  will  not  know- 
ingly permit  any  person  to  vote  who  is  not  qualified,  and  will  not 
knowingly  refuse  the  vote  of  any  qualified  elector,  or  cause  any 
delay  to  persons  offering  to  vote  further  than  is  necessary  to  pro- 
cure satisfactory  information  of  the  qualification  of  such  person  as 
an  elector ;  that  I  am  now  and  have  been  continuously  for  one 
year  next  preceding  this  date  a  bona  fide  resident  freeholder  (or 
a  bona  fide  resident  householder  for  at  least  two  years  next  pre- 
ceding this  date)  of  the  township  in  which  the  precinct  in  which 
I  am  to  act  as  a  member  of  the  Election  Board  is  situated;  and 
that  I  will  not  disclose  or  communicate  to  any  person  how  any 
elector  has  voted  at  such  election,  or  how  any  ballot  has  been 
folded,  [or]  marked  or  stamped;*  that  I  have  nothing  of  value 

♦The   word   "stamped"   is  repealed. 


CONCERNING    ELECTIONS.  39 

bet  or  wagered  upon  the  result  of  said  election,  and  am  not  a  can- 
didate at  this  election,  and  am  not  related  to  any  person  to  be 
voted  for  at  this  election  within  the  degree  named  in  section  three 
of  the  election  law. 

Subscribed  and  sworn  to  before  me  this day 

of 


(R.  S.  1901,  §6204;  R.  S.  1897,  §6494;  R.  S.  1894,  §6205;  E. 
S.,§1329.) 

30.  Administering  Oaths. 

8.  If  no  person  present  be  authorized  by  law  to  administer 
the  oath  of  office,  the  Inspector  shall  administer  the  same  to  the 
Judges,  and  one  of  such  Judges  shall  then  administer  said  oath  to 
the  ^Inspector.  (R.  S.  1901,  §6205;  R.  S.  1897,  §6495;  R.  S. 
1894,  §6205;  E.  S.,  §1330.) 

31.  Duties  of  Inspector. 

9.  •  The  Inspector  shall  be  Chairman  of  such  Board,  and  be- 
fore the  reception  of  any  votes  shall  administer  an  oath  to  the 
Clerks  of  the  election  that  they  will  faithfully  discharge  their 
duties  as  such.  After  the  organization  of  the  Board  of  Election 
the  Inspector  may  administer  all  necessary  oaths  which  may  be  re- 
quired in  the  discharge  of  its  duties,  and  all  oaths  shall  be  written 
or  printed,  and  shall  be  signed  by  the  persons  making  such*  oaths 
in  the  presence  of  such  Board  of  Elections,  and  the  person  admin- 
istering such  oaths  shall  affix  his  jurat  thereto,  and  said  affidavit 
shall  be  attached  to  and  returned  with  the  poll  list  to  the  office  of 
the  County  Clerk.  The  oaths  herein  prescribed  for  the  Clerk  of 
Elections  shall  be  in  the  fgllowing  form,  namely: 

State  of  Indiana,        1 
County.    / 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  1  will 
faithfully  and  honestly  discharge  my  duties  as  Clerk  of  the  elec- 
tion   precinct  and ward  (  . or 

township)  in .  county,  Indiana,  and  that  I  ^vill  not  dis- 
close or  communicate  to  any  person  how  any  elector  voted,  or  how 
any  ballot  Avas  folded,  [or]  marked  or  stamped.* 


Subscribed  and  sworn  to  before  me  this day  of , 


(R.  S.  1901   §6206;  R.  S.   1897  §6497;  R.   S.   1894  §6207; 
E.  S.  §1331.) 

♦The  word  "stnTTiped"  Is  repealed. 


40  GENERAL    LAWS 

32.  Ballot  Boxes. 

10.  The  Board  of  County  Commissioners  of  each  county 
shall  provide,  at  the  expense  of  the  county,  two  ballot  boxes,  one 
painted  red,  for  the  reception  of  the  ballots  prepared  by  the  State 
Board  of  Election  Commissioners,  and  one  painted  white,  for  the 
reception  of  the  ballots  prepared  by  the  County  Board  of  Election 
Commissioners  for  each  precinct;  each  ballot  box  shall  have  at 
least  two  locks  of  diiferent  kinds  and  combinations,  so  that  the 
key  of  one  will  not  unlock  the  other,  and  be  otherwise  so  con- 
structed as  to  contribute  toward  the  prevention  of  fraud.  (E.  S.  • 
1901,  §6207;  E.  S.  1897,  §6497;  E.  S.  1894,  §6207;  E.  S. 
§1332.) 

33.  Ballot  Boxes,  How  Constructed — Keys. 

11.  An  opening  shall  be  made  in  the  lid  of  each  box  suffi- 
cient only  for  a  single  ballot;  and,  at  the  time  the  election  is 
opened,  the  Inspector  and  Judges  shall  see  that  there  are  no 
ballots  in  the  box  before  the  voting  begins,  and  shall  thereupon 
securely  lock  the  box,  and  give  one  key  to  one  of  the  Judges  who 
is  in  politics  opposed  to  the  Inspectors,  the  Inspector  retaining  the 
other  key;  and  the  same  shall  not  be  again  opened  until  the  poll^^ 
are  closed,  and  the  Board  is»j*eady  to  immediately  proceed  with  the 
counting.  (E.  S.  1901,  §6208;  E.  S.  1897,  §6498;  E.  S.  1894, 
§6208  ,' E.  S.  §1333.) 

[Acts  1899,  p.  539.     In  force  April  28,  1899.] 

34.  Opening^  Polls — Closing. 

12.  The  election  shall  be  opened  in  the  forenoon  at  the  hour 
of  six  o'clock  and  continue  open  until  four  o'clock  in  the  afternoon, 
after  which  the  Board  may  close  the  election  at  any  time,  when  all 
the  electors  have  voted,  or  when  fifteen  minutes  have  passed  with- 
out a  vote  having  been  tendered ;  but  the  polls  shall,  in  no  case,  be 
kept  onen  after  six  o'clock  of  the  afternoon ;  and  the  polls  shall  not 
be  closed  after  four  o'clock  and  before  six  o'clock  except  by  the 
unanimous  consent  of  all  the  members  of  the  Election  Board;  but 
whenever  the  polls  are  closed,  proclamation  must  be  made  of  the 
fact  of  such  closing  by  the  Inspector,  to  the  people  outside,  in  a 
loud  and  audible  tone  of  voice,  and  a  minute  of  such  proclamation, 
and  of  the  time  when  the  same  was  made,  must  be  entered  on  the 
tally  papers  by  the  Clerks,  and  after  such  minute  has  been  made 
no  more  votes  shall  be  received.     (E.  S.  1901,  §6209.) 

35.  Where  Elector  Votes. 

3  3.     Each  elector  shall  vote  by  ballot  in  the  precinct  where 


CONCERNING    ELECTIONS.  41 

he  resides.  (R.  S.  1901,  §6210;  R.  S.  1897,  §6500;  R.  S.  1894, 
§6210;  E.  S.  §1335.) 

1.  The  remainder  of  this  section  and  the  amendment  of  1891  (p.  350) 
were  declared  unconstitutional.  Morris  vs.  Powell,  125  Ind.  281;  and 
Brewer  vs.  McClellan,  144  Ind.  423. 


[1897,  p.  274.     Approved  March  8,  1897.     In  force  April  14,  1897.] 

36.  Polling  Precincts. 

1.  Any  political  or  civic  party,  association  or  organization 
may,  at  any  time  prior  to  any  general  or  other  election,  take  a  poll 
of  voters  qualified  to  vote  at  the  next  ensuing  election,  in  any  dis- 
trict, county,  township,  municipality,  ward,  precinct  or  precincts 
of  the  State :  Provided,  The  chairman  or  president,  or  other  chief 
officer  of  the  party,  association  or  organization,  taking  such  poll 
shall  issue  to  the  person  or  persons  employed  in  taking  the  poll  a 
certificate  showing  the  nature  of  such  employment  and  the  party, 
organization  or  association  for  which  such  poll  is  to  be  taken. 
(R.  S.  1901,  §6336 ;'R.  S.  1897,  §6501.) 

37.  Giving  Information  to  Poll-Takers. 

2.  It  shall  be  the  duty  of  every  person  to  whom  application 
is  made  for  information  in  regard  to  such  poll  to  furnish  to  the 
poll-taker,  upon  the  exhibition  of  such  certificate,  all  information 
in  the  possession  of  the  person  to  whom  application  is  made  with 
regard  to  the  names,  residence,  and  other  qualifications  in  regard 
to  voting  of  any  and  every  person  within  such  district,  county, 
township,  municipality,  ward  or  precinct ;  and  it  shall  be  the  duty 
of  every  proprietor  or  manager  of  every  boarding  house,  lodging 
house,  restaurant,  hotel,  building  or  other  place  within  which  per- 
sons are  lodged,  to  obtain  a  complete  and  accurate  list  of  all  legal 
voters  domiciled  in  such  boarding  house,  lodging  house,  hotel,  or 
other  place,  not  less  than  sixty  days  prior  to  each  election,  whicli 
list  shall  state  the  name,  age,  occupation,  place  of  business,  and 
place  of  previous  residence,  with  the  length  of  residence  in  the 
State,  county,  township,  precinct  and  ward,  of  each  person  named 
thereon,  and  such  list  shall  be  retained  by  such  owner  or  manager 
of  such  boarding  house,  lodging  house,  hotel  or  other  building  for 
the  period  of  not  less  than  forty  days  thereafter,  and,  upon  appli 
cation,  shall  be  submitted  to  the  inspection  of  each  and  every  poll- 
taker  who  may  demand  the  same.  Every  person  who  shall  violate 
the  provisions  of  this  section  may  be  fined  in  any  sum  not  less  than 
one  dollar  nor  more  than  twenty-five  dollars,  to  which  may  he 
added  imprisonment  in  the  coimt;y  jail  or  workhouse  for  a  period 
not  exceeding  ten  days.     (R.  S.  19(U,  §6337 ;  R.  S.  1897,  §6502.) 


42  .  GENERAL    LAWS 

38.  List  of  Voters. 

3.  It  shall  be  the  duty  of  each  and  every  poll-taker  so  ap- 
pointed to  mak<:j  a  full,  true  and  complete  list  of  all  persons  whose 
names  are  reported  to  him  as  voters,  with  such  comments  as  he  may 
deem  proper  as  to  their  respective  qualifications.  (R.  S.  1901, 
§6338;  R  S.  1897,  §6503.) 

39.  Withholding  Information — Penalty. 

4.  Any  person  who  shall  withhold  any  information  in  his 
or  her  possession  from  any  poll-taker  with  regard  to  the  qualifica- 
tions of  any  voter  or  voters  or  other  person  or  persons  not  entitled 
to  vote,  upon  the  demand  of  such  poll-taker,  shall  be  fined  in  any 
sum  not  less  than  one  nor  more  than  twenty-five  dollars,  to  which 
may  be  added  imprisonment  not  exceeding  thirty  days.  (R.  S. 
1901,  §6339;  E.  S.  1897,  §6504.) 

40.  Deceiving  Poll-Taker — Penalty. 

5.  Every  person  who  shall  knowingly  furnish  to  any  poll- 
taker  any  false  information  with  regard  to  the  qualifications  of 
any  person  or  persons  for  voting,  or  shall  knowingly  return  to  such 
poll-taker  as  voters  any  false  names,  or  the  names  of  any  persons 
who  are  dead  or  are  not  voters  shall  be  fined  in  any  sum  not  less 
than  one  nor  more  than  twenty-five  dollars,  to  which  may  be 
added  imprisonment  in  the  county  jail  for  a  period  not  exceeding 
six  months.     (R.  S.  1901,  §6339a;  R.  S.  1897,  §6505.) 

41.  Returning  Fictitious  Names — Penalty. 

6.  Every  poll-taker  who  shall  knowingly  return  the  name  of 
any  person  who  is  not  entitled  to  vote  in  the  precinct  or  district 
for  which  such  poll  is  taken  at  the  election  immediately  ensuing, 
or  any  fictitious  name,  or  the  name  of  any  dead  person,  shall  be 
fined  in  any  sum  not  less  than  ten  nor  more  than  five  hundred  dol- 
lars, to  which  may  be  added  imprisonment  in  the  county  jail  or 
workhouse  for  a  period  not  exceeding  six  months.  (R.  S.  1901, 
§6339b;R.S.  1897,  §6506.) 

[1889,  p.  157.     Approved  March  6,  1889.     In  force  May  10.  1889.] 

42.  Proclamation  of  Opening  Polls. 

14.  Before  receiving  the  ballot  of  any  elector  the  Board  of 
Election  shall  cause  to  be  proclaimed  that  such  election  is  opened. 
(R.  S.  1901,  §6211 ;  R.  S.  1897,  §6507 ;  R.  S.  1894,  §6211 ;  E.  S., 
§1336.) 

[1891,  p.  124.     Approved  March  6,  1891.     In  force  .Tune  3.  1891.] 

43.  ''Election  Sheriffs." 

15.  It  shall  be  the  duty  of  the  Sheriff  of  each  county  to  ap- 


CONCERNING     ELECTIONS.  48 

poiut,  tive  days  prior  to  each  election,  two  special  deputies  for  each 
precinct  in  the  county,  to  be  known  as  Election  Sheriffs,  who  shall 
attend  the  polling  places  in  their  respective  precincts  from  the 
opening  of  the  polls  to  the  conclusion  of  the  count.  It  shall  be 
their  duty  to  preserve  order  at  the  polls  and  enforce  the  provisions 
of  the  election  law  under  the  direction  of  the  Election  Board,  and 
make  arrests  on  the  demand  of  a  member  of  the  Board,  or  on  affi- 
davit, as  hereinafter  provided.  One  of  such  Election  Sheriffs  shall 
be  chosen  from  each  of  the  two  parties  that  cast  the  largest  num- 
ber of  votes  in  the  State  at  the  last  general  election ;  and  if  at 
least  five  days  prior  to  such  election  the  Chairman  of  the  County 
Central  Committee  of  either  of  such  parties  shall  nominate  a  mem- 
ber of  his  party  for  Election  Sheriff  in  any  precinct,  such  nominee 
shall  be  appointed.  If  any  Election  Sheriff  shall  fail  to  appear 
at  the  opening  of  the  polls,  the  member  or  members  of  the  Elec- 
tion Board  of  his  political  party  shall  appoint  a  person  to  act  in 
his  place.  Compensation  of  one  dollar  and  fifty  cents  per  day 
shall  be  allowed  to  each  Election  Sheriff  by  the  Board  of  County 
Commissioners,  but  no  such  Election  Sheriff  shall  be  allowed  for 
more  days'  service  than  members  of  the  Election  Board  in  the 
same  precinct  are  allowed.  ISTo  other  peace  officers  of  the  State, 
or  any  division  thereof,  shall  be  allowed  within  fifty  feet  of  the 
polls,  except  to  serve  process  of  Courts  or  to  vote,  unless  sum- 
moned by  the  Election  Sheriffs.  'No  person  other  than  the  elec- 
tion officers  shall  remain  within  fifty  feet  of  the  polls,  except  when 
voting:  Provided,  That  each  political  party  may  appoint  one 
challenger  and  one  poll-book  holder  for  each  precinct,  who  shall 
be  entitled  to  stand  at  the  sides  of  the  chute  next  to  the  challenge 
window.  Such  challenger  and  poll-book  holder  shall  be  appointed 
in  writing  by  the  Chairman  of  the  county  or  other  local  commit- 
tee of  their  political  party,  and  shall  produce  written  appointments 
on  demand  of  a  member  of  the  Election  Board.  It  shall  be  law- 
ful for  a  political  party  to  pay  such  challenger  and  poll-book  hold- 
er not  more  than  three  dollars  for  services  at  any  election,  but  not 
more  than  one  person  of  any  one  party  shall  be  paid  for  services 
in  either  such  capacity  in  any  precinct,  and  no  challenger  or  poll- 
book  holder  shall  receive  any  compensation  for  such  services,  ex- 
cept from  the  political  party  he  represents.  (R.  S.  1001,  §6212 ; 
R.  S.  1897,  §6508;  B.  S.  1894,  §6212.) 

[1880,  p.  157.     Approved  March  0,  1889.     In  force  May  10,  1889.] 

44.    State  Board  of  Election  Commissioners. 

16.  The  Governor  of  the  State,  and  two  qualified  electors 
by  him  appointed,  one  from  each  of  the  two  political  parties  that 
east  the  largest  number  of  votes  in  the  State  at  the  last  preceding 


44  GENERAL    LAWS 

general  election^  shall  constitute  a  State  Board  of  Election  Com- 
missioners. Snch  appointments  sliall  be  made  at  least  thirty  days 
prior  to  each  general  election,  and  if,  prior  to  that  time,  the  Chair- 
man of  the  State  Central  Committee  of  either  of  snch  parties  shall 
nominate  in  writing  a  member  of  his  own  party  for  such  appoint- 
ment, the  Governor  of  the  State  shall  appoint  such  nominee.  In 
case  of  death  or  disability  of  either  appointee,  the  Governor  of  the 
State  shall  notify  the  Chairman  of  the  said  Central  Committee  of 
such  appointee's  political  party,  and  such  Chairman  may,  within 
tliree  days  thereafter,  recommend  a  successor,  who  shall  thereupon 
be  appointed:  Provided,  That  if  such  Chairman  shall  fail  to 
make  recommendations  of  appointment  within  the  time  specified, 
the  Governor  of  the  State  shall  make  such  appointment  of  his  own 
selection  from  such  political  party.  It  shall  be  the  duty  of  said 
Board  to  prepare  and  distribute  ballots  and  stamps  for  election  of 
all  officers  for  whom  all  the  electors  of  the  State  are  entitled  to 
vote,  in  compliance  with  the  provisions  of  the  election  law.  The 
members  of  such  Board  shall  serve  without  compensation.  (R.  S. 
1901,  §6213;  R.  S.  1897,  §6509;  R  S.  1894,  §6213;  E.  S., 
§1338.) 

45.  County  Board  of  Election  Commissioners. 

IT.  In  each  county  in' the  State,  the  Clerk  of  the  Circuit 
Court  and  two  persons  by  him  appointed,  one  from  each  of  the  tAvo 
political  parties  that  cast  the  largest  number  of  votes  in  the  State 
at  the  last  general  election,  shall  constitute  a  County  Board  of 
Election  Commissioners.  Said  appointments  shall  be  made  in  all 
respects  as  appointments  to  the  State  Board  of  Election  Commis- 
sioners are  required  to  be  made  by  the  Governor  of  the  State,  ex- 
cept that  the  privilege  of  nomination  shall  belong  to  the  Chair- 
man of  the  County  Central  Committees  of  the  two  parties  afore- 
said. It  shall  bo  the  duty  of  such  Board  to  prepare  and  distribute 
ballots  for  election  of  all  officers  to  be  voted  for  in  such  county 
other  than  those  who  are  to  be  voted  for  by  all  the  electors  of  the 
State,  in  compliance  with  the  provisions  of  this  Act.  The  mem- 
bers of  such  Board  shall  serve  without  compensation.  (E.  S. 
1901,  §6214;  R.  S.  1897,  §6510;  R.  S.  1894,  §6214;  E.  S., 
§1339.) 

46.  Board's  Duties. 

18.  The  said  Board  of  Election  Commissioners  shall  cause 
to  be  printed  on  the  respective  ballots  the  names  of  the  candidates 
nominated  by  the  conventiops  of  any  party  that  cast  one  per  cent, 
of  the  totnl  vote  of  the  State  at  the  last  preceding  general  election, 
as  certifiofl  to  said  Boards  by  the  presiding  officer  and  secretary 
of  such  conv^^ntion,  or  in  case  of  primary  election,  by  the  chairman 


CONCERNING   ELECTIONS.  45 

and  secretary  of  any  county  or  township  committee ;  and  also  the 
names  of  any  candidates  for  any  ofSce  when  petitioned  so  to  do  by 
electors  qualified  to  vote  for  such  candidates,  as  follows:  For  a 
State  officer,  or  any  officer  for  whom  all  the  electors  of  the  State 
are  entitled  to  vote,  five  hundred  petitioners ;  for  a  representative 
in  Congress  from  any  Congressional  District,  two  hundred  peti- 
tioners; for  a  county  officer,  member  of  the  General  Assembly, 
Circuit  Judge  or  Prosecuting  x\ttorney,  twenty-five  petitioners; 
for  an  officer  of  a  township,  ward  or  other  division  less  than  a 
county,  twenty  petitioners.  The  signatures  to  such  petition  need 
not  bo  appended  to  one  paper,  but  no  petitioner  shall  be  counted, 
except  his  residence  and  postoffice  address  be  designated.  Such 
petition  shall  state  the  name  and  residence  of  each  of  such  candi- 
dates ;  that  he  is  legally  qualified  to  hold  such  office ;  that  the  sub- 
scribers desire  and  are  legally  qualified  to  vote  for  such  candi- 
dates; and  may  designate  a  brief  name  or  title  of  the  party  or 
principle  which  said  candidates  represent,  together  with  any  simple 
figure  or  device  by  which  they  shall  be  designated  on  the  ballots. 
The  certificate  of  nomination  by  a  convention  or  primary  election 
shall  be  in  vn'iting,  and  shall  contain  the  name  of  each  person  nom- 
inated, his  residence  and  the  office  for  which  be  is  nominated,  and 
shall  designate  a  title  for  the  party  or  principle  which  such  con- 
vention or  primary  election  represents,  together  with  any  simple 
figure  or  device  by  which  its  list  of  candidates  may  be  designated 
on  the  ballots;  said  certificate  shall  be  signed  by  the  presiding 
officer  and  secretary  of  such  convention,  or  by  the  chairman  and 
secretary  of  the  county,  city  or  township  committee,  who  shall  add 
to  their  signatures  their  respective  places  of  residence,  and  ac- 
knowledge the  same  before  an  officer  duly  authorized  to  take 
acknowledgments  of  deeds.  If  the  certificate  of  nomination  of 
any  State  convention  shall  request  that  the  figure  or  device  se- 
lected by  such  convention  be  used  to  designate  the  candidates  of 
such  party  on  the  ballots  for  all  elections  throughout  the  State 
such  figure  or  device  shall  be  so  used  until  changed  by  request  of 
a  subsequent  State  convention  of  the  same  party.  Such  device 
may  be  the  figure  of  a  star,  an  eagle,  a  plow,  or  some  such  appro- 
priate symbol,  but  the  coat  of  arms  or  seal  of  the  State  or  of  the 
United  States,  the  national  flag,  or  any  other  emblem  common  to 
the  people  at  large  shall  not  be  used  as  such  device.  A  certificate 
of  such  acknowledgment  shall  be  appended  to  such  instrument. 
In  case  of  death,  resignation  or  removal  of  any  candidate  subse- 
quent to  nomination,  unless  a  supplemental  certificate  or  petition 
of  nomination  bo  filed,  the  chairman  of  the  State,  county,  city  or 
township  committee  shall  fill  such  vacancy.  In  case  of  a  division 
in  any  pai-ty,  and  claim  by  two  or  more  factions  to  the  same  party 


46  eiNXBAL    LAWf 

name,  or  title,  or  figure,  or  device,  the  Board  of  Election  Com- 
missioners shall  give  the  preference  of  name  to  the  convention  held 
at  the  time  and  place  designated  in  the  call  of  the  regularly  con- 
stituted party  authorities,  and  if  the  other  faction  shall  present 
no  other  party  name,  title  or  device  the  Board  of  Election  Com- 
missioners shall  select  a  name  or  title,  and  place  the  same  before 
the  list  of  candidates  of  said  faction  on  the  ballot,  and  select  some 
suitable  device  to  designate  its  candidates.  If  two  or  more  con- 
ventions be  called  by  authorities  claimed  to  be  the  rightful  author- 
ties  of  any  party,  the  proper  Board  of  Election  Commissioners 
shall  select  some  suitable  devices  to  distinguish  one  faction  from 
the  other,  and  print  the  ballots  accordingly:  Provided,  however, 
That  if  any  political  party  entitled  to  nominate  by  convention  shall 
in  any  case  fail  to  do  so,  the  names  of  all  nominees  by  petition  for 
any  office  who  shall  be  designated  in  their  petitions  as  members  of 
and  candidates  of  such  party,  shall  be  printed  under  the  device  and 
title  of  such  party  on  the  ballots,  as  if  nominated  by  convention. 
Certificates  and  petitions  of  nom.ination  of  candidates  for  offices  to 
be  voted  [for]  by  the  electors  of  the  entire  State  shall  be  filed  with 
the  Governor  of  the  State.  Certificates  and  petitions  of  nomina- 
tion of  candidates  for  offices  to  be  voted  for  by  electors  of  any 
district  or  division  of  the  Stat^  exclusively  shall  be  filed  with  the 
Clerks  of  the  Circuit  Courts  of  the  counties  or  county  included 
in  or  including  such  district  or  division.  (II.  S.  1901,  §6215 ;  R. 
S.  1897,  §0511;  R.  S.  1894,  §6215;  E.  S.  §1340.) 

[Acts  1905,  p.  193.] 

47.  Signatures  to  Petition  Must  Be  Acknowledged. 

12.  No  name  upon  any  petition  for  nomination  shall  be  con- 
sidered by  the  city  or  county  Board  of  Election  Commissioners 
unless  the  same  be  signed  by  the  petitioner  in  person  of  by  his 
mark  duly  attested,  and  no  petition  for  nomination  shall  be  effect- 
ual to  authorize  the  name  petitioned  for  to  appear  upon  the  official 
ballot  unless  the  signatures^ of  such  petition  to  the  number  required 
by  law  shall  be  ^luly  acknowledged  before  some  officer  authorized  to 
take  acknowledgments.     (R.  S.  1905,  §6275f.) 

48.  Nominating  Petitions. 

19.  [This  section  is  superseded  by  Sec.  55.] 

[1889,  p.  157.     Approved  May  6,  1889.     In  force  May  10,  1889.] 

49.  Preservation  of  Petitions. 

20.  The  Governor  of  the  State  and  County  Clerks  shall 
cause  to  be  preserved  in  their  respective  offices  all  certificates  and 
petitions  of  nominations  filed  therein  under  the  provisions  of  thi« 


CONOEKJIIJSG    ELECTIONS.  47 

Act  for  six  months  after  the  election  for  which  such  nominations 
were  made.  (K.  S.  1901,  §6217 ;  R  S.  1897,  §6513 ;  R.  S.  1894, 
§6217;  E.  S.  §1342.) 

50    When  to  Be  Filed. 

21.  Certificates  and  petitions  of  nomination  filed  with  the 
Governor  of  the  State  shall  be  filed  not  more  than  sixty  days,  and 
not  less  than  twenty  days,  before  the  day  fixed  by  the  law  for  the 
election  of  the  persons  in  nomination.  Certificates  and  petitions 
of  nomination  herein  directed  to  be  filed  with  the  Clerk  of  a  coimty 
shall  be  filed  not  more  than  sLxty  and  not  less  than  fifteen  days  be- 
fore election.  (R.  S.  1901,  §6218;  R.  S.  1897,  §6514;  R.  S. 
1894,  §6218;  E.S.  §1343.) 

51.  Governor's  Certificate. 

22.  Xot  less  than  eighteen  days  before  an  election  of  the 
State  to  fill  any  public  office  for  which  all  the  electors  are  entitled 
to  vote  the  Governor  of  the  State  shall  certify  to  the  County  Clerk 
of  each  county  the  name  and  tlie  place  of  residence  of  each  person 
nominated  for  such  office,  as  specified  in  the  certificates  and  peti- 
tions of  nominations  filed  with  the  Governor  of  the  State,  and  shall 
designate  therein  the  device  under  which  the  group  or  list  of  candi- 
dates of  each  party  Avill  be  printed,  and  the  order  in  which  they 
will  be  arranged.  (R.  S.  1901,  §0219;  R.  S.  1897,  §6515;  R.  S. 
1894,  §6220;  E.  S.  §1344.) 

1.     The  next  section  of  the  original  act  is  repealed.     It  was  Section 
23.     See  1801,  p.  120;  1893,  p.  154. 

52.  Resignations  of  Nominees. 

24.  The  Governor  of  the  State  shall  not  certify  the  name  of 
a  candidate  whose  certificate  of  nomination  shall  have  been  filed 
in  hid  office  who  shall  have  notified  him  in  a  writing  signed  and 
executed  with  the  formalities  prescribed  for  the  execution  of  an 
instrument  to  entitle  it  to  record  that  he  will  not  accept  the  nomi- 
nation contained  in  the  certificate  or  petition  of  nomination.  The 
County  Clerk  shall  not  include  in  the  publication  to  be  made 
according  to  section  twenty-three  hereof  the  name  of  any  candidate 
whose  certificate  or  petition  of  nomination  shall  have  been  filed 
in  his  office  who  shall  have  notified  him  in  like  manner  that  he 
will  not  accept  the  nomination.  The  names  of  such  candidates 
shall  not  be  included  in  the  names  of  the  candidates  to  be  printed 
in  the  ballots  as  hereinafter  provided.  (R.  S.  1901,  §6220 ;  R.  S. 
1897,  §6516;  R.  S.  1894,  §6220;  E.  S.  §1346.) 

53.  Constitutional  Amendments. 

25.  Whenever  a  proposed  constitutional  amendment  or  other 
question  is  to  be  submitted  to  the  people  of  the  Stat;e  for  popular 


48  GEIOIBAL   LAWB 

vote,  the  Secretary  of  State  shall  duly,  and  not  less  than  thirty 
days  before  election  certify  the  same  to  the  Clerk  of  each  county  in 
the  State,  and  the  Clerk  of  each  county  shall  include  the  same  in 
the  publication  provided  for  in  section  23  in  this  Act.  (R.  S. 
1901,  §6221;  E.  S.  1897,  §6517;  R.  S.  1894,  §6221;  E.  S. 
§1347.) 

[1897,  p.  49.     Approved  February  23,  1897.     In  force  April  14,  1897.] 

54.    Form  of  Ballots. 

1.  The  Board  of  Election  Commissioners  of  the  State  of 
Indiana,  the  Boards  of  Election  Commissioners  of  the  several 
counties  of  the  State  and  the  Board  of  Election  Commissioners  of 
the  several  cities  and  towns  of  the  State  of  Indiana  shall  cause  the 
names  of  all  candidates  of  their  respective  jurisdictions  to  be 
printed  on  one  ballot,  all  nominations  of  any  party  or  group  of 
petitioners  being  placed  under  the  title  and  device  of  such  party 
or  petitioners  as  designated  by  them  in  their  certificate  or  petition, 
or  if  none  be  designated,  under  some  title  and  device.  The  ballots 
shall  be  of  uniform  size  and  of  the  same  quality  and  color  of 
paper,  and  sufficiently  thick  that  the  printing  can  not  be  distin- 
guished from  the  back.  All  ballots  prepared  by  the  State  Board 
of  Election  Commissioners  shall  be  printed  on  red  tinted  paper, 
and  put  up  in  blocks  of  one  hundred  each.  All  ballots  prepared 
by  the  County  Boards  of  Election  Commissioners  shall  be  printed 
on  white  paper,  except  the  ballots  to  be  used  in  the  election  of 
township  officers  shall  be  printed  on  yellow  paper.  If  the  same 
device  for  designating  candidates  be  selected  by  two  parties  or 
groups  of  petitioners,  it  shall  be  given  to  the  one  which  first  se- 
lected it,  and  a  suitable  device  shall  be  selected  for  the  other.  The 
device  named  and  list  of  candidates  of  the  Democratic  party  shall 
be  placed  in  the  first  column  on  the  left-hand  side  of  said  ballot; 
and  of  the  Republican  party  in  the  second  column;  and  of  any 
other  party  in  such  order  as  the  Board  of  Election  Commissioners 
shall  decide.  The  device  of  each  party  shall  be  enclosed  in  a 
circle  of  not  less  than  one  and  one-half  inches  in  diameter,  and 
shall  be  placed  at  the  head  of  the  list  of  candidates  of  the  party, 
and  the  following  words  shall  be  printed  around  the  outer  edge  of 
each  of  said  circles,  to  wit: 

"To  vote  a  straight  ticket  make  a  X  [within]  in  one  circle  and 
not  elsewhere.'' 

Immediately  under  it  shall  be  placed  the  name  or  title  of  the 
party  ticket,  and  immediately  under  the  name  or  title  the  list  of 
candidates  of  the  party,  such  names  being  placed  three-fourths  of 
one  inch  apart  from  center  to  center  of  the  name,  the  name  of 
each  candidate  having  immediately  on  its  left  a  square  three- 


OONOBBHING   BLEOTIONS. 


49 


eighths  of  an  inch  on  each  side,  and  the  general  arrangement  of 
the  ballots  shall  conform  as  near  as  possible  to  the  following: 


^v^^^JL^v, 


y^eaXwitj^. 


DEMOCRATIC  TICKET. 


REPUBLICAISr  TICKET. 


I    DEM.  I 


For  Governor, 
BENJAMIN  F.  SHIVELEY. 


I    REP. 


For  Governor, 
JAMES  A.  MOUNT. 


(R.  S.  1901,  §6222;  R.  S.  189Y,  §6518.) 


55.  Nominee's  Najne  on  Ballot  but  Once. 

2.  If  any  certificate  or  petition  of  nomination  shall  con- 
tain the  name  of  more  than  one  candidate  for  any  office  to  be  filled, 
neither  name  shall  be  printed  as  a  candidate  for  such  office.  If 
any  person  shall  join  in  nominating  by  petition  nTore  than  one 
nominee  for  any  office  to  be  filled  such  person  shall  not  be  counted 
as  a  petitioner  for  either  nomination.  The  name  of  any  person 
who  has  been  selected  or  nominated  as  a  candidate  for  any  office, 
by  convention,  petition  or  otherwise,  shall  not  appear  in  more 
than  one  place,  and  but  once  upon  a  ballot.  If  any  person  has 
been  nominated  as  a  candidate  for  the  same  office,  both  by  peti- 
tion and  by  convention,  his  name  shall  be  placed  on  the  ballot  but 
once,  to  wit:  In  the  list  of  candidates  nominated  by  such  con- 
vention; and  the  place  occupied  by  his  name  in  such  petition 
shall  be  left  blank:  Provided,  That  if  such  candidate  shall,  in 
writing,  signed  and  acknowledged  before  some  person  authorized  to 
take  acknowledgments,  prior  to  the  last  day  for  filing  nominations, 
request  that  his  name  be  printed  as  nominated  by  petition,  it  shall 
be  so  printed,  and  shall  be  omitted  from  the  list  nominated  bv 
convention.     (R.  S.  1901,  §6216;  R.  S.  1897,  §6519.) 

56.  Cajididate  to  Elect  Nomination. 

5.  Whenever  any  person  has  been  nominated  by  two  or 
more  parties  either  by  convention,  petition  or  otherwise,  he  shall 


50  GENERAL    LAWS 

make  his  election  as  to  which  of  such  nominations  he  will  accept, 
in  writing  signed  and  acknowledged  before  some  officer  authorized 
to  take  acknowledgments,  and  file  the  same  with  the  proper  Board 
of  Election  Commissioners.  Where  a  person  has  been  so  nomi- 
nated for  an  office  for  which  all  electors  of  the  State  may  vote,  he 
shall  file  his  election  with  the  State  Board  of  Election  Commis- 
sioners, not  more  than  sixty  nor  less  than  twenty  days,  before  the 
day  fixed  by  law  for  the  election  of  the  persons  in  nomination; 
and  when  a  person  has  been  so  nominated  for  an  office,  wherein  it 
is  required  by  law  to  file  the  certificate  or  petition  of  such  nomi- 
nation, with  the  County  Clerk,  he  shall  make  and  file  his  election 
with  the  Clerk  of  the  county  in  which  nomination  is  made,  if 
for  a  county  office,  and  with  the  clerks  of  all  the  counties  of  the 
district  if  for  a  district  office,  not  more  than  sixty  days  nor  less 
than  fifteen  days  before  election.  And  if  a  person  so  nominated 
shall  not  make  and  file  his  election  as  herein  provided,  with  the 
proper  Board  of  Election  Commissioners,  said  board  shall  make 
such  election  for  him,  giving  preference  to  the  nominations  made 
by  conventions.  And  after  such  election  is  made,  the  Board  of 
Election  Commissioners  shall  place  the  name  of  such  person  in 
the  list  of  nominees  undei;  the  party  name  and  device  as  indicated 
by  him  or  the  Board  of  Election  Commissioners,  and  under  no 
other  device  and  not  elsewhere  upon  the  ballot.  (R.  S.  1901, 
§G220b;  R.  S.  1897,  §6520.) 

57.  Resignations  of  Candidates — Vacancy. 

4.  If  any  candidate  whose  nomination  has  been  certified  ac- 
cording to  law  shall  wish  to  resign  from  such  ticket,  he  shall  file 
his  resignation  in  writing  with  the  officer  with  whom  such  certifi- 
cate of  nomination  was  filed  within  three  days  after  the  filing  of 
such  certificate  of  nomination,  and  any  resignation  filed  after  the 
time  mentioned  in  this  section  shall  not  be  considered  by  the 
Board  of  Election  Commissioners:  Provided,  That  no  resigna- 
tion shall  be  filed  with  or  received  by  the  State  Board  of  Election 
Commissioners  within  twenty  days  immediately  preceding  an  elec- 
tion. And  that  no  resignation  shall  be  filed  with  or  received  by 
any  County  Board  of  Election  Commissioners  within  fifteen  days 
immediately  preceding  an  election :  Provided,  further,  That 
should  any  vacancy  on  the  ticket  occur  by  reason  of  the  death  of 
any  candidate  whose  name  has  been  legally  certified,  such  vacancy 
shall  be  filled  as  now  provided  by  law.     (R.  S.  1897,  §6521.) 

[1889,  p.  157.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

58.  Vacancy  in  Nominations. 

27.  In  case  of  the  death,  removal  or  resignation  of  any  can- 
didate after  the  printing  of  such  ballots  and  before  such  election, 


CONCERPflNO    ELECTIONS.  51 

it  shall  be  lawful  for  the  chairman  of  the  State,  district  or  county 
political  organization  of  which  such  candidate  was  a  member  to 
make  a  nomination  to  fill  such  vacancy,  and  provide  the  Election 
Board  of  each  precinct  in  which  such  candidate  is  to  be  voted  for 
with  a  number  of  pasters  containing  only  the  name  of  such  candi- 
date at  least  equal  to  the  number  of  ballots  provided  each  pre- 
cinct, but  no  pasters  shall  be  given  to  or  received  by  any  one  ex- 
cept such  Election  Board  and  such  chairaian,  and  it  shall  be  the 
duty  of  the  Polling  Clerk  to  put  one  of  such  pasters,  in  a  careful 
and  proper  manner  and  in  the  proper  place,  on  each  ticket  before 
they  shall  sign  their  initials  thereon.  (R.  S.  1901,  §6223 ;  R.  S. 
1897,  §6522;  R.  S.  1894,  §6223;  E.  S.,  §1349.) 

59.  Printer's  Duties — Penalty. 

28.  If  the  printer  of  such  ballots,  or  any  person  employed  in 
printing  the  same,  shall  give  or  deliver,  or  knowingly  permit  to 
be  taken,  any  of  said  ballots  by  any  person  other  than  a  member 
of  the  Board  of  Election  Commissioners  for  which  such  ballots  are 
being  printed,  or  shall  print  or  cause  or  permit  to  be  printed  any 
ballot  in  any  other  form  than  the  one  prescribed  by  this  Act,  or 
with  any  other  names  thereon,  or  with  the  names  spelled  or  the 
names  or  devices  thereon  arranged  in  any  other  way  than  that 
authorized  and  directed  by  the  said  Board  of  Election  Commis- 
sioners, he  shall  be  guilty  of  felony,  and  on  conviction  thereof  shall 
be  imprisoned  in  the  State  penitentiary  not  less  than  three  nor 
more  than  ten  years,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  vears.  (R.  S.  1901,  §6224 ;  R.  S.  1897, 
§6523;  R.  S.  1894,  §6224;  E.  S.,  §1350.) 

[1891,  p.  124.     Approved  March  0,  1891.     In  force  .Tune  3.  1891.] 

60.  Distributing  Ballots. 

29.  It  shall  be  the  duty  of  each  County  Clerk  to  appear  in 
person,  or  by  specially  authorized  deputy,  bearing  credentials 
given  under  the  seal  of  the  Circuit  Court,  at  the  office  of  the  Gov- 
ernor of  the  State  not  more  than  sixteen  nor  less  than  ten  days 
prior  to  each  general  election,  and  the  State  Board  of  Election 
Commissioners  shall  thereupon  deliver  to  the  said  Clerk  ten  bal- 
lots for  every  five  voters  and  a  fraction  thereof  in  each  precinct 
of  his  county  at  the  last  presidential  election,  or  if  a  new  precinct 
has  been  established  in  such  county,  ten  ballots  for  every  five  vot- 
ers of  the  estimated  vote  as  reported  by  the  Board  of  County  Com- 
missioners: Provided,  however.  That  if  it  shall  be  made  to  ap- 
pear by  the  affidavit  of  such  Clerk  that  any  precinct  has  so  in- 
creased in  population  as  to  have  fifty  per  cent,  more  voters  than 
at  the  last  presidential  election,  or  at  the  time  of  estimate  by  the 
Board  of  County  Commissioners,  the  State  Board  of  Election  Com- 


52  GENERAL    LAWS 

missioners  shall  deliver  to  him  two  ballots  for  every  voter  so  de- 
clared by  him  under  oath  to  be  resident  in  said  precinct.  The  bal- 
lots shall,  in  the  presence  of  the  Clerk,  be  wrapped  and  tied  in 
packages,  plainly  marked,  one  for  each  precinct,  and  securely 
sealed  with  wax,  and  the  Clerk  shall  give  his  receipt  for  the  same. 
And  for  the  safe  sealing  of  such  ballots  such  Board  shall  provide 
itself  with  a  seal  of  such  design  as  it  may  deem  proper,  but  the 
same  design  shall  not  be  used  for  any  two  consecutive  elections. 
The  State  Board  of  Election  Commissioners  shall  also  provide  and 
inclose  in  each  of  said  sealed  packages  three  [pencils]*  stamps 
bearing  a  X  or  such  other  device  as  they  may  select,  together  with 
the  ink-pads  or  other  necessary  apparatus  ready  for  use.  In  addi- 
tion to  the  precinct  packages,  the  State  Board  of  Election  Commis- 
sioners shall  deliver  to  each  Clerk  a  package,  wrapped  and  sealed 
in  his  presence,  containing  two  thousand  State  ballots,  and  twelve 
[pencils]  stamps*  with  their  necessary  ink-pads,  which  package 
shall  remain  in  the  custody  of  the  County  Board  of  Election  Com- 
missioners and  shall  not  be  opened  by  them  except  for  the  purpose 
of  supplying  a  precinct  whose  ballots  or  stamps  [pencils]  have 
been  lost  or  destroyed,  on  due  showing  of  such  fact  as  hereinafter 
provided.  The  State  Board  of  Election  Commissioners  shall,  from 
time  to  time,  certify  to  the  Auditor  of  State  the  necessary  ex- 
penses of  the  preparation  and  distribution  of  the  State  ballots  and 
[pencils]  stamps,  and  the  Auditor  shall  audit  and  issue  his  war- 
rants for  the  same,  which  shall  be  paid  out  of  any  funds  in  the 
State  treasury  not  otherwise  appropriated.  (R.  S.  1901,  §6225; 
E.  S.  1897,  §6524;  K.  S.  1894,  §6225.) 

[1889,  p.  157.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

61.     Clerk's  Allowance — Special  Messenger. 

30.  An  allowance  shall  be  made  to  the  Clerk  by  the  Board 
of  County  Commissioners  of  five  cents  per  mile  for  the  distance 
necessarily  traveled  in  going  to  and  returning  from  the  office  of 
the  Governor  of  the  State ;  but  in  case  said  Clerk  of  any  county 
shall  fail  to  appear  at  the  office  of  the  Governor  of  the  State  by 
the  close  of  the  tenth  day  prior  to  the  election,  the  State  Board 
of  Election  Commissioners  shall  forthwith  dispatch  a  special  mes- 
senger to  such  county  with  the  ballots  for  the  county ;  which  mes- 
senger, before  receiving  such  ballots,  shall  take  and  subscribe  to 
an  oath,  to  be  administered  to  him  by  the  Secretary  of  State, 

*The  words  "stamps  bearing  a  cross  (X)  or  such  other  device  as  they 
may  select,  together  with  ink-pads"  are  repealed — only  pencils  are  now 
distributed  with  the  ballots. 

♦The  words  "stamps  with  necessary  ink-pads"  .are  repealed — only 
pencils  are  now  distributed  with  the  ballots. 


CONCERNING    ELECTIONS.  53 

which  oath  shall  be  filed  with  said  Board  of  Election  Commission- 
ers, and  shall  be  in  the  words  following : 

State  of  Indiana,       1 

County,  j 

I, ,  swear  (or  affirm,  as  the  case  may  [be]) 

that  I  will  take  charge  of  the  election  ballots  delivered  to  me  by 
the  State  Board  of  Election  Commissioners  for  the  county  of 

,  and  will  safely  deliver  said  ballots  in  sealed  packages, 

and  in  the  same  condition  as  received  by  me,  to  the  Clerk  of  said 
county  at  the  earliest  time  that  I  can  reach  the  county  seat  of  said 
county.     So  help  me  God. 

Subscribed  and  sworn  to  before  me  this day  of 

,  19-- 

And  in  such  case  said  messenger  shall  be  allowed  three  dollars 
per  day  for  the  time  necessarily  employed,  and  three  cents  per  mile 
for  the  distance  necessarily  traveled  by  him,  which  allowance  shall 
be  certified  to  the  Treasurer  of  such  county,  and  deducted  from  the 
first  moneys  thereafter  accruing  to  such  Clerk  payable  by  the 
Treasurer.  The  amount  so  deducted  shall  be  remitted  by  the 
Countv  Treasurer  to  the  Treasurer  of  State.  (K.  S.  1901,  §6226 ; 
R.  S.  1897,  §6525;  R.  S.  1894,  §6226;  E.  S.  §1352.) 

62,  Permitting  Ballots  to  Be  Taken  Away — Penalty. 

31.  If  any  member  of  the  Board  of  Election  Commission- 
ers shall  give  or  deliver  to  any  other  person  any  of  said  ballots, 
or  shall  permit  any  of  them  to  be  taken  away,  except  as  herein 
provided,  he  or  they  shall  be  guilty  of  a  felony,  and  on  conviction 
shall  be  punished  by  imprisonment  in  the  State  penitentiary  for 
not  less  than  three  nor  more  than  ten  years,  and  be  disfranchised 
for  anv  determinate  period  not  less  than  ten  years.     (R.  S.  1901, 

§6227;  R.  S.  1897,  §6526;  R.  S.  1894,  §6227;  E.  S.  §1353.) 

I 

63.  Taking  Ballots  Away— Penalty. 

32.  If  any  person  shall  take  or  remove  in  any  maimer  felon- 
iously or  with  the  consent  or  permission  of  the  custodian  for  the 
time,  from  any  place  where  they  may  lawfully  be  under  this  Act, 
any  of  such  ballots  or  stamps  [pencils],  or  be  found  in  custody 
or  possession  of  such  ballots  or  stamps  (except  as  an  official  or 
custodian  under  this  Act,  or  while  within  the  polling  place  for 
the  purpose  of  voting)  ;  or  if  any  such  custodian  or  official  shall 
consent  to,  or  permit,  any  of  .nich  ballots  or  stamps  [pencils]  to 
be  removed  or  carried  away  from  the  place  where  they  may  law- 
fully be  by  any  person,  except  an  official  or  custodian  under  this 


54  (GENERAL     LAWS 

Ad  whose  duty  it  is  to  receive  the  same,  such  persou,  custodian  or 
official  shall  be  deemed  guilty  of  a  felony,  and  on  conviction  shall 
be  punished  by  imprisonment  in  the  penitentiary  at  hard  labor  for 
not  less  than  three  nor  more  than  ten  years,  and  be  disfranchised 
for  any  determinate  period  not  less  than  ten  years.  (R.  S.  1901, 
§6228;  R.  S.  1897,  §6527;  E.  S.  1894,  §6228;  E.  S.  §1354.) 

64.  Distribution  of  Ballots. 

33.  It  shall  be  the  duty  of  each  Election  Inspector,  or  in 
case  he  can  not  attend,  some  other  member  of  the  Election  Board 
authorized  in  writing  by  the  Inspector,  to  appear  at  the  office  of 
the  Clerk  of  the  Circuit  Court  of  his  county  not  more  than  three 
nor  less  than  two  days  before  each  election,  and  the  County  Board 
of  Election  Commissioners  shall  deliver  to  him  the  sealed  package 
of  ballots  and  the  stamps  provided  for  his  precinct  by  the  State 
Board  of  Election  Commissioners,  and  also  ten  of  the  local  ballots 
printed  under  the  direction  of  the  County  Board  of  Election  Com- 
missioners for  each  five  or  fraction  thereof  of  the  number  of  votes 
cast  at  such  precinct  at  the  last  presidential  election;  or  if  a  new 
precinct  for  each  five  or  fraction  of  five  voters,  as  estimated  by 
the  County  Commissioners:  Provided,  however.  That  in  case  it 
be  made  to  appear  by  affidavit  of  such  Inspector  that  the  number  of 
voters  in  his  precinct  has  increased  more  than  fifty  per  cent,  since 
the  last  presidential  election  or  estimate  by  the  Board  of  County 
Commissioners,  there  shall  be  delivered  to  him  two  ballots  for  each 
voter  so  declared  under  oath  by  him  to  reside  in  the  precinct. 
The  local  ballots  shall  be  wrapped  and  tied  in  packages  and  se- 
curely sealed  with  wax  in  the  presence  of  said  Inspector  or  his 
representative,  who  shall  receipt  for  the  same;  and  for  the  safe 
sealing  of  such  ballots  the  County  Board  of  Election  Commission- 
ers shall  provide  themselves  wnth  a  seal  of  such  design  as  they  may 
deem  proper,  but  the  same  design  shall  not  be  used  at  any  two  con- 
secutive elections,  and  said  packages  shall  not  be  opened  until 
delivered  to  the  Election  Board  of  the  respective  voting  precincts 
to  which  they  are  directed,  and  said  Boards  shall  be  fully  organ- 
ized and  readv  for  the  reception  of  votes,  as  in  this  Act  provided. 
(E.  S.  1901,  "^§6229;  E.  S.  1897,  §6528;  E.  S.  1894,  §6220;  E. 
S.  §1355.) 

[1897,  p.  49.     Approved  February  23,  1897.     In  force  April  14,  1897.] 

65.  Opening  Packages — Clerk 's  Initials. 

8.  At  the  opening  of  the  polls,  after  the  organization  of 
and  in  the  presence  of  the  Election  Board,  the  Inspector  shall 
open  the  packages  of  ballots  in  such  a  manner  as  to  preserve  the 
seals  intact.  He  shall  then  deliver  to  the  poll  clerk  of  the  opposite 
political  party  from  his  own  twenty-five  each  of  the  State  and 


CONCEENING    ELECTIONS.  56 

local  ballots ;  and  to  the  other  poll  clerk  a  blue  pencil  for  marking 
the  ballots.  The  poll  clerks  shall  at  once  proceed  to  write  their 
initals  in  ink  on  the  lower  left-hand  corner  of  the  back  of  each 
of  said  ballots  in  their  ordinary  handwriting,  and  without  any 
distinguishing  mark  of  any  kind.  As  each  successive  elector  calls 
for  a  ballot  the  poll  clerks  shall  deliver  to  him  the  first  signed  of 
the  twenty-five  ballots  of  each  kind;  and  the  Inspector  shall  im- 
mediately deliver  to  the  poll  clerks  another  ballot  of  each  kind, 
which  the  poll  clerks  shall  at  once  countersign  as  before,  and  add 
to  the  ballots  already  countersigned  so  that  it  shall  be  delivered  for 
voting  after  all  those  theretofore  countersigned.  (R.  S.  1901, 
§6230;  R.  S.  1897,  §6529.) 

[1889,  p.  157.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

66.  Cards — Instructions — Posting  Up  Ballots. 

35.  The  County  Board  of  Election  Commissioners  of  each 
county  shall  cause  to  be  printed  in  large  type  on  cards,  in  English 
and  such  other  language  as  they  deem  necessary,  instructions 
for  the  guidance  of  electors  in  preparing  their  ballots.  They  shall 
furnish  twelve  of  such  cards  in  each  of  the  languages  determined 
upon  by  them  to  each  of  the  Election  Inspectors  at  the  same  time 
they  deliver  to  him  the  ballots  for  his  precinct.  Each  Inspector 
shall  cause  to  be  posted  one  of  each  of  said  cards  in  each  place  or 
compartment  provided  for  the  preparation  of  ballots,  and  one  of 
each  kind  of  such  cards  at  or  near  to  the  outer  end  of  the  chute 
leading  to  the  polling  place,  and  not  nearer  than  fifty  feet  of  the 
polling  place,  and  not  less  than  three  of  each  of  such  cards,  and 
three  samples  of  each  of  the  State  and  local  ballots  in  and  about 
the  polling  place  at  the  opening  of  the  polls  on  the  day  of  election, 
which  sample  ballots  shall  be  printed  on  different  colored  paper 
than  the  genuine  ballots.  Said  cards  shall  contain  full  instructions 
to  the  voters  as  to  what  must  be  done :  First,  to  obtain  ballots  for 
voting;  second,  to  prepare  the  ballots  for  voting;  third,  to  obtain 
a  new  ballot  in  place  of  one  accidentally  defaced,  mutilated  or 
spoiled;  also  copies  of  sections  forty-three,  fifty,  fifty-five,  fifty- 
six,  fifty-nine  and  sixty  of  this  Act.  (R.  S.  1901,  §6231;  R.  S. 
1897,  §6530;  R.  S.  1894,  §6231;  E.  S.,  §1357.) 

67.  Special  Messenger. 

36.  In  case  any  Inspector  or  his  representative  shall  fail  to 
appear  at  the  office  of  the  County  Clerk  by  the  close  of  the  second 
day  prior  to  any  election,  the  County  Board  of  Election  Commis- 
sioners shall  forthwith  dispatch  a  special  messenger  to  his  pre- 
cinct with  the  ballot  and  stamps  [pencils]  for  such  precinct. 
Such  messenger  shall  be  allowed  two  dollars  for  his  time  and  five 


66  OEIOJRAL  niA.ws 

cents  per  mile  for  the  distance  necessarily  traveled  by  him,  and 
shall  promptly  report  to  such  Clerk  and  file  with  him  the  receipt 
of  the  person  to  whom  he  delivered  such  ballots  and  stamps,  and 
his  affidavit  stating  when  and  to  whom  he  delivered  such  ballots 
a,nd  stamps  [pencils],  and  such  Inspector  shall  receive  no  com- 
pensation for  his  services  at  such  election.  (E.  S.  1901,  §6232; 
E.  S.  1897,  §6631;  E.  S.  1894,  §6232;  E.  S.,  §1358.) 

68.  Failure  of  Inspector  to  Appear. 

3T.  Any  Inspector  who  shall  wilfully  or  negligently  fail  to 
appear  at  the  Clerk's  office,  in  person  or  by  representative,  as  here- 
in provided,  shall  be  guilty  of  [a]  misdemeanor,  and  on  convic- 
tion shall  be  fined  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  and  shall  thereafter  be  incompetent  to  serve  as  an 
Inspector.  (E.  S.  1901,  §6233;  E.  S.  1897,  §6532;  E.  S.  1894, 
§6233  ;E.  S.,  §1359.) 

69.  Ballots  Lost. 

38.  If  by  any  accident  or  casualty  the  ballots  delivered  to 
any  clerk,  inspector,  or  other  messenger  shall  be  lost  or  destroyed, 
it  shall  be  the  duty  of  such  person  in  custody  to  report  the  loss  at 
once  to  the  Board  of  Election  Commissioners  from  which  the 
same  were  obtained,  and  make  affidavit  of  the  circumstances  of  the 
loss,  whereupon  such  Board  shall  at  once  re-supply  such  person. 
In  case  such  person  in  custody  fails  or  refuses  to  report  and  make 
proof  of  the  loss,  any  qualified  elector  may  do  so,  and  thereupoa 
such  Board  shall  at  once  send  a  new  supply  by  special  messenger, 
as  provided  in  other  cases.  In  case,  for  any  reason,  there  should 
be  found  no  ballots  or  other  necessary  means  or  contrivances  for 
voting  at  the  opening  of  the  polls,  it  shall  be  the  duty  of  the  Elec- 
tion Board  to  secure  the  same  as  speedily  as  possible,  and,  if  nec- 
essary, such  Board  may  have  ballots  printed :  Provided,  however. 
That  such  ballots  shall  conform  as  nearly  as  possible  to  the  genu- 
ine ballots,  and  the  printing  and  the  care  of  the  same  shall  be 
under  the  same  provisions  and  penalties  as  the  printing  and  care 
of  the  other  ballots  prescribed  in  this  Act.  (E.  S.  1901,  §6234; 
E.  S.  1897,  §6533;  E.  S.  1894,  §6234;  E.  S.,  §1360.) 

70.  Destroying  Ballots  Not  Used — Record. 

39.  The  various  Boards  of  Election  Commissioners  shall 
preserve  the  ballots  that  are  left  over  in  their  hands  after  supply- 
ing the  precincts  as  hereinbefore  provided,  until  6  o'clock  p.  m. 

.  of  the  day  of  election,  and  shall  then  count  and  destroy,  by  totally 
consuming  by  fire,  all  of  such  ballots  but  one,  which  shall  be  se- 
curely pasted  in  the  election  record  immediately  preceding  the 
place  where  the  vote  is  to  be  recorded.     They  shall  also  cause  to 


CONCERNING    ELECTIONS. 


67 


be  entered  below  such  ballot  the  number  of  ballots  printed  by 
them,  the  number  delivered  to  each  messenger  and  the  number 
destroyed  by  them.  (E.  S.  1901,  §6235;  R.  S.  1897,  §6534;  R 
S.  1894,  §6235;  E.  S.,  §1361.) 

[1897,  p.  49.     Approved  February  23,  1897.     In  force  April  14,  1897.] 

71.  Rooms — Booths. 

6.  It  shall  be  the  duty  of  the  County  Commissioners  in  each 
county  before  each  election  to  provide  for  and  secure  in  each  pre- 
cinct of  the  county  a  suitable  room  in  which  to  hold  the  election, 
and  to  have  placed  therein  a  railing  separating  the  part  of  the 
room  to  be  occupied J>y  the  Election  Board  from  the  remainder  of 
the  room,  and  also  three  booths,  or  compartments,  in  which  elect- 
ors shall  mark  their  ballots,  screened  from  observation,  each  con- 
taining a  counter  or  shelf.  Booths  shall  be  so  constructed  and 
arranged  that  all  the  members  of  the  Election  Board  can  see 
whether  more  than  one  voter  enters  any  one  of  such  booths  at  one 
time,  and  each  and  every  member  of  any  Election  Board  allowing 
any  booth  or  compartment,  in  which  an  elector  is  preparing. his 
ballot,  to  be  used  without  a  screen  or  such  screen  being  so  ar- 
ranged as  not  to  shield  the  preparation  of  the  ballot  from  observa- 
tion, shall  upon  convictiom  therefor,  be  fined  for  each  offense  in 
any  sum  not  exceeding  one  hundred  dollars  ($100)  nor  less  than 
five  dollars  ($5),  to  which  may  be  added  imprisonment  in  the  coun- 
ty jail  not  exceeding  nin[e]ty  days.  The  portion  of  the  room  set 
apart  for  the  Election  Board  shall  include  a  window,  at  which  the 
voter  shall  appear  for  challenge,  and  such  voter  shall  immediately  ^ 
announce  his  full  and  true*  name  to  the  challengers.  The  Board 
of  County  Commissioners  shall  also  provide"  for  each  precinct  a 
chute  or  passage  with  a  railing,  rope  or  wire  on  each  side  com- 
mencing fifty  feet  away  from  and  leading  to  such  polling  place, 
passing  such  window  for  challenge  and  thence  to  the  entrance  of 
the  room  in  which  the  election  is  held.  The  expenses  of  such 
preparation  shall  be  defrayed  as  other  expenses  of  the  county  by 
the  Board  of  County  Commissioners.  Ko  election  shall  be  held 
in  a  room  in  which  spirituous,  vinous,  malt  or  other  intoxicating 
liquors  are  kept  or  sold.     (B.  S.  1901,  §6236  ;  R.  S.  1897,  §6535.) 

[1899,  p.  60.     Approved  February  17,  1899.     In  force  April  28,  1899.J 

72.  Challengers— Who  May  Stand  Near  Polls. 

41.  One  challenger  and  one  poll-book  holder,  appointed  and 
designated  by  each  party  organization,  shall  be  entitled  to  stand 
at  the  sides  of  the  chute  near  the  challenge  window.  ^N'o  other 
person  shall  remain  within  fifty  feet  of  the  same,  except  for  the 
purpose  of  offering  his  vote ;  and  voters  shall  approach  and  enter 


58  GENERAL    LAWS 

the  chute  in  the  order  in  which  they  appear  for  the  purpose  of 
voting.  If  any  person  offering  to  vote  shall  be  challenged  by  one 
of  such  challengers  or  by  any  member  of  the  Election  Board,  he 
shall  stand  aside  and  shall  not  be  entitled  to  vote  unless  he  makes 
affidavit  in  writing  that  he  is  a  qualified  and  legal  voter  of  the  pre- 
cinct, and  in  such  affidavit  sets  forth  his  name,  residence,  occupa- 
tion, place  or  places  of  residence  during  the  six  months  prior  to 
the  election,  with  the  date  of  any  removal  within  that  time,  and 
the  names  of  two  persons  who  have  personal  knowledge  of  his 
residence  in  the  precinct  thirty  days  and  the  to^\Tiship  sixty  days, 
and  shall,  in  case  he  be  a  person  required  by  this  Act  to  be  regis- 
tered, also  produce  the  necessary  certificate  "of  registration  pro- 
vided for  in  this  Act.  He  shall  then  be  allowed  to  vote,  unless 
the  challenger  or  some  qualified  voter  of  the  precinct  make  affi- 
davit in  writing  that  he  knows  or  is  informed  and  verily  believes 
that  the  person  offering  to  vote  is  not  a  legal  voter  in  the  precinct ; 
and  if  the  affidavit  be  on  information  and  belief,  he  shall  set  forth 
the  names  of  the  person  or  persons  from  whom  such  information 
was  obtained,  and  the  person  offering  to  vote  shall  not  thereaftei- 
be  allowed  to  vote,  except  one  qualified  voter  of  the  precinct,  who 
has  been  a  freeholder  and  resident  householder  in  the  precinct  for 
at  least  one  year  or  a  residenjt  householder  for  two  years  next  pre- 
ceding such  election  shall  make  affidavit  or  affirmation  in  writing 
that  of  his  personal  knowledge  such  person  offering  to  vote  is  a 
legal  voter  at  the  precinct :  Provided,  That  if  the  person  offering 
to  vote  shall  make  affidavit  that  there  is  no  person  of  his  political 
party  residing  in  the  precinct  who  has  been  a  freeholder  or  resi- 
dent householder  as  provided  for  in  this  Act,  then  the  affidavit  or 
affirmation  of  any  qualified  voter  shall  be  accepted  by  said  Election 
Board :  Provided  further.  That  if  such  person  so  offering  to  vote 
be  challenged  solely  or  for  the  additional  reason  that  he  is  not  a 
citizen  of  the  United  States,  then  such  person  so  challenged  for 
such  reason  shall  take  and  subscribe  the  following  oath : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  have  resided 
In  the  United  States  one  year,  and  have  declared  my  intention  of  becoming 
a  citizen  thereof  in  conformity  with  the  laws  thereof. 


The  other  affidavits  herein  referred  to  shall  be  in  the  following 
form: 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  am  a  citizen 
of  the  United  States;  that  I  am  now  over  the  age  of  twenty-one  years,  to 
the  best  of  my  information  and  belief:  and  that  I  have  been  a  bona  fide 
resident  of  this  State  for  ^x  months  immediately  preceding  this  election; 
that  I  have  resided  in  the  township  sixty  days,  and  in  the  precinct  thirty 
days,  and  that  I  am  a  bona  fide  resident  of  this  precinct;  that  I  am  gener- 
ally known  by  the  name  in  which  I  now  desire  to  vote,  which  is 

:  that  1  have  not  voted  and  will  not  vote  in  any  other 


OONOERNING    ELECTIONS.  59 

precinct  iu  this  election;  that  my  occupation  is ;  that 

my  present  residence  is (if  in  the  city  or  town  give 

the  street  or  number),  and  that  during  the  last  six  months  prior  to  this 

election   I    have   resided   at , I    have   removed   from 

to  on  the  following  date ; 

and  that and  have  personal  knowledge  of 

my  residence  in  the  precinct  thirty  days  and  in  the  township  sixty  days. 


I  do  solemnly  swear  Tor  affirm,  as  the  ease  may  be)  that  there  is  no 
legal  voter  in  this  precinct  who  has  been  a  freeholder  and  resident  house- 
holder in  the  precinct  for  one  year,  or  a  resident  householder  for  two  years 
next  preceding  this  election,  belonging  to  the  same  political  party  to  wliich 
I  belong  and  whose  candidates  I  wish  to  support. 


I  swear  that  I  am  informed  and  believe  that ,  now 

offering  to  vote,  is  not  a  legal  voter  in  this  precinct,  and  that  I  obtained 
such  information  from   and  


I  do  solemnly  swear  (or  ^ffirm,  as  the  case  may  be)  that  I  am  a  quali- 
fied voter  in  this  precinct:  that ,  who  now  desires  to  vote, 

Ijas  resided  in  this  State  for  six  months  immediately  preceding  this  elec- 
tion: that  he  has  resided  in  this  township  sixty  days,  and  in  this  precinct 

thirty  days,  at ;  that  he  is  now  a  bona  fide  resident 

of  this  precinct  and  a  legal  voter  therein.     These  facts  I  know  of  my  own 
personal  knowledge. 


I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  am  a  quali- 
fied voter  in  this  precinct;  that  I  have  been  a  freeliolder  and  resident 
householder  in  this  precinct  for  one  year,  or  a  resident  householder  for 

two  years  next  preceding  this  election:  that   who  now 

desires  to  votp,  lias  resided  in  this  State  for  six  months  immediately  pre- 
ceding this  election:  that  he  has  resided  in  this  township  sixty  days,  and 

in  this  precinct  thirty  days,  at  ;  that  he  is  now  a  bona 

tide  resident  of  this  precinct  and  a  legal  voter  therein.     These  facts  I 
know  of  my  own  personal  knowledge. 


rn.  S.  1901,  §6237.) 

L1889,  p.  157.'  Approved  March  0,  1889.     In  force  May  10,  1889.] 

73.  Arrest  of  lUeg^al  Voter. 

42.  If  at  any  time  durino-  the  election  any  qualified  elector 
shall  make  affidavit  before  the  Inspector  that  any  person  who  has 
voted  is  an  illegal  voter  in  snch  precinct,  the  person  accused  shall 
at  once  be  arrested  by  the  election  sheriffs  and  by  them  delivered 
to  the  civil  authorities.  Immediately  after  the  close  of  the  elec- 
tion the  Inspector  shall  deliver  such  affidavit  to  some  Justice  of 
the  Peace  in  the  towTiship,  who  shall  proceed  thereon  as  if  the 
affidavit  had  been  made  before  him.  (R.  S.  1901,  §G238;  R.  S. 
1897,  §6537 ;  R.  S.  1894,  §6238 ;  E.  S.,  §1364.) 

74.  Perjury,  False  Affidavit. 

43.  Whoever  shall  knowingly  or  wilfully  make  a  false  affi- 
davit, under  any  of  the  provisions  of  this  Act,  shall  be  deemed 
guilty  of  perjury.  (R.  S.  1901,  §6239;  R.  S.  1897,  §6638;  R. 
S.  1894,  §6239;  E.  S.,  §1365.) 


60  GENERAL    LAWS 

[1891,  p.  124.     Approved  March  G,  1891.     In  force  June  3,  1891.] 

75.  Election  Holidays — Preventing  Employes  Voting. 

44.  No  person  entitled  to  vote  at  any  general,  National, 
State  or  county  election  shall  be  employed  upon  the  day  on  which 
such  election  shall  be  held  in  any  manufacturing,  mining,  me- 
chanical or  mercantile  establishment  or  "any  railroad  corporation 
in  this  State  during  the  period  of  four  hours  after  the  opening 
of  any  election  in  the  county  in  which  such  person  is  entitled  to 
vote,  except  as  to  works  of  necessity,  in  which  works  of  necessity 
every  employe  shall  be  given  some  period  of  four  hours  between 
the  opening  and  closing  of  the  polls  on  said  day ;  and  any  Circuit 
Court  may  enforce  the  provisions  of  this  section  in  term  time  or  in 
vacation  by  mandate,  or  otherwise,  upon  the  application  of  any 
voter:  Provided,  however.  That  in  ^ny  such  establishment  or 
corporation  the  employer  or  employes  may  agree  on  any  four 
hours  between  the  opening  and  closing  of  the  polls  that  will  be 
most  convenient.  Every  officer  of  any  corporation,  ovnier,  super- 
intendent, overseer  or  foreman,  who  employs  or  permits  to  be  em- 
ployed any  person  in  violation  of  this  section,  shall  be  guilty  of  a 
misdemeanor,  and  fined  not  less  than  fifty  nor  more  than  five  hun- 
dred dollars.  (R.  S.  1901,,§6240 ;  R.  S.  1897,  §6539  ;  R.  S.  1894, 
§6240.) 

[1897,  p.  49.     Approved  February  23,  1897.     In  force  April  14,  1897.] 

76.  Manner  of  Voting. 

3.  A^Hien  a  voter  shall  have  been  passed  by  the  challengers 
or  shall  have  been  sworn  in,  he  shall  be  admitted  to  the  election 
room:  Provided,  however.  That  not  more  than#three  voters  shall 
be  allowed  in  the  room  at  one  time.  On  entering  the  room  the 
voter  shall  announce  his  name  to  the  Poll  Clerks,  who  shall  reg- 
ister it.  The  Clerk  holding  the  ballots  shall  deliver  to  him  one 
State  and  one  local  ballot,  and  the  other  Clerk  shall  thereupon 
deliver  to  him  a  blue  pencil,  and  both  Poll  Clerks,  on  request, 
shall  give  explanation  of  the  manner  of  voting.  If  deemed  nec- 
essary by  any  member  of  the  Board  an  interpreter  may  be  called. 
The  voter  shall  then,  and  without  leaving  the  room,  go  alone  into 
any  one  of  the  booths  which  may  be  unoccupied  and  indicate  the 
candidates  for  whom  he  desires  to  vote  by  making  a  cross,  thus  X 
on  the  square  immediately  preceding  their  names,  and  indicate  his 
preference  on  any  question  of  constitutional  amendments  or  other 
special  matter  by  a  similar  mark  in  front  of  the  words  "yes"  or 
"no"  under  such  questions:  Provided,  however,  That  if  he  shall 
desire  to  vote  for  all  the  candidates  of  one  party  or  group  of  peti- 
tioners he  may  mark  in  the  large  circle  inclosing  the  device  and 
preceding  the  title  under  which  the  candidates  of  such  party  or 


CONCERNING    ELECTIONS.  61 

group  of  petitioners  are  printed,  and  the  vote  shall  then  be  counted 
for  all  the  candidates  under  that  title.  If  the  voter  marks  on  the 
large  circle  inclosing  the  device  he  shall  not  mark  elsewhere  on  the 
ballot,  unless  there  be  no  candidate  for  some  office  in  the  list 
printed  under  such  device,  in  which  case  he  may  indicate  his  choice 
for  such  office  by  marking  the  square  to  the  left  of  the  name  of  any 
candidate  for  such  office  on  any  other  list.  A  mark  on  the  ballot  in 
violation  of  this  provision  shall  be  treated  as  a  distinguishing 
mark.  If  a  pencil  mark  touches  a  circle  or  a  square  it  shall  be 
counted  on  such  circle  or  square,  but  a  mark  that  touches  no  circle 
or  square  shall  be  treated  as  a  distinguishing  mark.  Before  leav- 
ing the  booth  or  compartment  the  voter  shall  fold  his  ballots  sepa- 
rately so  that  no  part  of  the  faces  thereof  shall  be  exposed,  and  so 
that  the  initials  of  the  Poll  Clerks  shall  be  exposed,  and  on  leaving 
the  booth  or  compartment  shall  return  the  pencil  to  the  Poll  Clerk 
and  deliver  the  ballots  to  the  Inspector,  or  to  the  Judge  who  may 
temporarily  be  authorized  to  act  for  him,  who  shall  forthwith,  in 
the  presence  of  the  voter  and  of  the  Election  Board,  deposit  the 
same  in  the  respective  boxes,  the  State  ballot  in  the  red  ballot  box, 
and  the  local  ballot  in  the  white  ballot  box;  and  the  Ballot  Clerks 
shall  write  the  word  ^Voted"  after  the  name  of  the  voter  on  the 
poll  lists:  Provided,  however.  That  if  an  elector  shall  show  his 
ballot  or  any  part  thereof  to  any  other  person,  after  the  same  shall 
have  been  marked,  so  as  to  disclose  any  of  the  candidates  voted  for, 
such  ballots  shall  not  be  deposited  in  the  ballot  box.  A  minute 
of  such  occurrence  shall  be  made  on  the  poll  list  and  such  person 
shall  not  be  allowed  to  vote  thereafter.  If  a  voter  shall  offer  to 
vote  a  ballot  so  folded  as  not  to  disclose  the  initials  of  the  Poll 
Clerks  and  also  not  disclosing  the  face  of  the  ballot,  the  Election 
Boar«l  shall  direct  him  to  return  to  the  booth  and  fold  his  ballot 
properly.  After  voting  the  voter  shall  leave  the  room,  but  no 
voter  to  whom  a  ballot  and  pencil,  or  either,  have  been  delivered 
shall  be  permitted  to  leave  the  room  without  voting  the  ballots  or 
returning  them  to  the  Poll  Clerk,  or  without  returning  the  pencil 
to  the  Poll  Clerk  from  Avhom  he  received  it  It  shall  be  unlawful 
for  any  voter  to  attempt  to  leave  the  room  with  a  ballot  or  the 
pencil  used  in  marking  ballots  in  his  possession.  And  any  voter 
who  shall  attempt  to  leave  the  room  with  a  ballot  or  such  pencil 
in  his  possession  shall  be  at  once  arrested  on  demand  of  any  mem- 
ber of  the  Election  Board  (R.  S.  1901,  §6241;  R  S.  1897, 
§6540.) 

11891,  p.  130.     Approved  March  0,  1891.     In  force  Jun^  3,  1891.] 

77.     "Paster  Ballots." 

46.     In  addition  to  the  State  and  local  ballot  which  the  Clerk 
is  to  deliver  to  the  voter  in  the  election  room  under  the  provi- 


62  G-EIfBRAL    LAWS 

sions  of  section  45  of  the  Acts  of  which  this  Act  is  an  amendment 
the  voter  may  take  with  him  into  the  booth  a  printed  ballot  or  bal- 
lots of  his  own  selection  or  preparation  to  be  known  as  a  paster 
ballot  or  ballots,  and  designed  to  be  pasted  upon  either  snch  State 
or  local  ballot,  or  upon  each  of  them.  If  such  paster  ballot  is  de- 
signed to  be  pasted  upon  the  State  ballot,  it  shall  be  in  the  nature 
of  a  complete  ticket  and  shall  contain  a  complete  list  of  all  offices 
to  be  filled  at  the  election  where  used  by  the  vote  of  the  electors 
of  the  whole  State,  and  shall  contain  the  name  of  one  person  for 
each  and  every  one  of  such  offices.  If  such  paster  ballot  is  de- 
signed to  be  pasted  upon  the  local  ballot  it  shall  be  in  the  nature 
of  a  complete  ticket,  and  contain  a  complete  list  of  all  offices  to  be 
filled  at  such  election  for  the  filling  of  which  the  electors  of  the 
county  where  used  are  entitled  to  vote  other  than  offices  which  are 
filled  by  the  vote  of  the  electors  of  the  whole  State,  and  it  shall 
also  contain  the  name  of  one  person  for  each  and  every  one  of 
such  offices  in  such  list.  The  said  paster  ballots  shall  be  in  the 
form  indicated  as  follows : 

For  Governor, 
COURTLAND  C.  MATSON. 

For  T.ieutenant-Governor,    " 
WILLIAM  E.  MYERS. 

They  shall  be  printed  in  plain  black  ink  upon  white  paper.  The 
paper  shall  not  be  more  than  two  inches  in  width,  and  of  sufficient 
length  to  contain  the  complete  list  of  offices  and  names  as  above 
specified.  The  names  of  the  persons  upon  said  list,  as  well  as  of 
the  offices,  shall  be  printed  one  below  another  in  the  manner  above 
indicated.  The  distance  from  the  center  of  the  name  of  any  per- 
son in  such  list  to  the  center  of  the  name  of  the  person  immediate- 
ly below  in  such  list  shall  be  three-fourths  of  an  inch,  in  order  that 
the  names  in  such  list  when  pasted  upon  the  State  or  local  ballot 
will  conform  to  the  squares  thereon.  Such  pasters  shall  contain 
no  heading,  no  printing  save  as  above  indicated,  no  writing,  no 
blank  nor  any  distinguishing  marks  of  any  kind  whatever.  Such 
paster  ballot  may  be  gummed  upon  the  back  and  pasted  upon  the 
State  or  local  ballot  accordingly  as  it  is  designed  in  such  mannei- 
as  that  the  squares  upon  the  State  or  local  ballot  to  the  left  of  any 
list  of  names  printed  thereon  will  come  immediately  to  the  left  of, 
and  opposite  respectively  the  names  printed  upon  such  paster  bal- 
lot and  in  such  manner  as  that  the  State  or  local  ballot  will  not 
show  when  folded  that  it  contains  a  paster.  The  voter  may  then 
indicate  his  choice  for  any  office  by  stamping  [marking]  the 
square  upon  the  Stat©  or  local  ballot  immediately  to  the  left  of  the 
name  printed  upon  such  paster  ballot  when  pasted.     He  shall  in 


OONOEENING    ELECTIONS.  63 

110  oth«r  manner  attempt  to  indicate  his  choic«.  Any  stamps 
[marks]  upon  the  State  or  local  ballot  elsewhere  shall  be  deemed 
a  distinguishing  mark  and  render  the  ballot  void.  If  the  ballot 
contains  no  distinguishing  mark,  the  Election  Board  shall  deem 
and  count  as  the  voter^s  choice  the  names  of  the  persons  upon  such 
paster  ballot  having  the  square  immediately  to  the  left  stamped 
[marked],  and  they  shall  count  none  other.  It  shall  be  unlawful 
for  any  person  to  use  the  paster  ballot  provided  for  in  this  sec- 
tion unless  he  desires  to  vote  for  one  or  more  persons  for  one  or 
more  offices  respectively  to  be  filled  at  such  election,  the  names  of 
which  person  or  persons  are  not  printed  upon  the  State  or  local 
ballot,  as  the  case  may  be,  as  a  candidate  or  candidates  for  such 
office  or  offices  respectively.  And  any  paster  which  contains  the 
names  of  persons  only  for  the  respective  offices  whose  names  are 
printed  upon  the  State  or  local  ballots  as  candidates  for  the  same 
offices  respectively  shall  be  void  and  the  ticket  containing  the  name 
shall  not  be  counted.  The  voter  who  attempts  to  use  a  paster  bal- 
lot under  the  provisions  of  this  section  must  prepare  or  select  a 
paster  ballot  containing  a  complete  list  of  names  for  every  office 
for  whom  he  desires  to  vote  and  must  vote  for  names  contained 
upon  the  paster  and  none  other.  If  a  State  or  local  ballot  con- 
tains a  paster  placed  thereon  by  the  voter,  as  provided  for  in  this 
section,  any  stamp  [mark]  upon  such  State  or  local  ballot  other 
than  are  on  the  squares  at  the  left  of  the  paster  ballot  shall  be 
deemed  a  distinguishing  mark  and  render  the  whole  ticket  void. 
Every  violation  of  the  provisions  of  this  section  by  a  voter  shall 
be  deemed  to  be  an  attempt  to  distinguish  his  ballot  and  shall  ren- 
der the  same  entirely  void.  (K.  S.  1901,  §6242 ;  R.  S.  1897, 
§6541;  R.  S.  1894,  §6242.) 

78.    Number  of  Persons  in  Booths — Spoiling  Ballots. 

47.  !N"ot  more  than  one  person  shall  be  permitted  to  occupy 
any  booth  at  one  time,  and  no  person  shall  remain  in  or  occupy  a 
booth  longer  than  may  be  necessary  to  prepare  his  ballot  and  in  no 
event  longer  than  five  minutes,  ^ot  more  than  three  persons 
other  than  the  election  officers  shall  be  permitted  to  enter  or  be  in 
the  election  room  at  any  one  time,  and  no  voter  or  person  offering 
to  vote  shall  hold  any  conversation  or  communication  with  any 
other  person  than  a  member  of  the  Election  Board  while  in  the 
election  room.  Any  person  who  shall  by  accident  or  mistake  spoil, 
deface  or  mutilate  his  ballot  may,  on  returning  the  same  to  the 
Poll  Clerks  and  satisfying  them  that  such  spoiling,  defacing  or 
mutilation  was  not  intentional,  receive  another  in  place  thereof, 
and  such  Clerks  shall  make  a  minute  of  the  fact  on  the  poll  list  at 
tlie  tiiiio,  and  the  mutilated  ballot  shall  then  be  destroyed  by  the 


64  GENERAI.    LAWS 

elector  in  the  presence  of  the  Board.     (K.  S.  1901,  §6243 ;  K.  S. 
1897,  §6542;  E.  S.  1894,  §6243.) 

[1891,  p.  132.    Approved  March  6,  1891.    In  force  June  3,  1891.] 

79.  Illiterate  Voters. 

48.  Any  elector  who  declares  that  by  reason  of  physical  dis- 
ability or  inability  to  read  the  English  language,  he  is  unable  to 
mark  his  ballot,  may  declare  his  choice  of  candidates  to  the  Poll 
Clerks,  who,  in  the  presence  of  the  elector  and  in  the  presence  of 
each  other,  shall  prepare  the  ballots  for  voting  in  the  manner 
hereinbefore  provided,  and  on  request  shall  read  over  to  such 
elector  the  names  of  the  candidates  as  marked.  Any  one  making 
a  false  declaration  under  the  provisions  of  this  section  shall,  upon 
conviction,  be  fined  in  any  sum  not  exceeding  -^ve  dollars  and  be 
disfranchised  for  a  period  of  five  years,  and  any  Poll  Clerk  or 
Poll  Clerks  who  shall  deceive  any  elector  in  selecting  or  marking 
any  ballot,  or  mark  the  same  in  any  other  way  than  as  requested 
by  said  elector,  shall  be  guilty  of  felony,  and  on  conviction  shall 
be  imprisoned  in  the  penitentiary  for  not  less  than  two  nor  more 
than  five  years,  and  be  disfranchised  for  any  determinate  period 
not  less  than  five  years:  Provided,  That  before  the  Poll  Clerk 
shall  so  prepare  the  ballot, of  said  elector,  the  said  elector  shall,  m 
the  presence  of  the  Board,  make  affidavit  in  writing  that  he  is  un- 
able to  read  the  English  language,  or  that  by  reason  of  physical 
disability,  setting  out  the  particulars  in  which  said  physical  dis- 
abilities exists,  he  is  unable  to  mark  his  ballot.  (R.  S.  1901, 
§6244.) 

[1891,  p.  133.     Approved  March  6,  1891.     In  force  June  3,  1891.] 

80.  Distinguishing  Marks — Penalty. 

49.  No  Inspector  of  Elections,  or  Judge  acting  for  an  In- 
spector, shall  deposit  any  ballot  upon  which  the  initials  of  the  Poll 
Clerks,  as  hereinbefore  provided  for,  does  not  appear,  or  any  bal- 
lot on  which  appears  externally  any  distinguishing  mark,  deface- 
ment or  mutilation.  If  any  Inspector,  Judge,  Poll  Clerk  or  other 
person  entrusted  with  the  custody  or  control  of  any  ballot  or  bal- 
lots, either  before  or  after  they  have  been  voted,  shall  in  any  way 
mark,  mutilate  or  deface  any  ballot  or  place  any  distinguishing 
mark  thereon,  either  for  the  purpose  of  identifying  the  same  (ex- 
cept by  numbering  protested  ballots  for  future  reference)  or  for 
the  purpose  of  vitiating  the  same,  he  shall  be  guilty  of  a  felony, 
and  on  conviction  shall  be  imprisoned  in  the  State's  prison  not 
more  than  ten  nor  less  than  five  years,  and  fined  in  any  sum  not 
exceeding  two  thousand  dollars.  (R.  S.  1901,  §6245 ;  R.  S.  1897, 
§6544;  R.  S.  1894,  §6245.) 


CONCERNING    ELECTIONS.  65 

[1889,  p.  124.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

81.  Taking  Ballots  from  Election  Room— Penalty. 

50.  Any  person  who  shall  remove  or  attempt  to  remove  a 
ballot  or  stamp  [pencil]  from  the  election  room,  or  having  in  his 
possession  outside  the  election  room,  any  ballot  or  stamp  [pencil] 
either  genuine  or  counterfeit,  during  the  election,  shall  be  guilty 
of  felony,  and  on  conviction  shall  be  imprisoned  in  the  peniten- 
tiary not  less  than  two  nor  more  than  five  years,  and  be  disfran- 
chised for  anv  determinate  period  not  less  than  ten  years.  (R.  S. 
1901,  §6246";  R.  S.  1897,  §6545;  R.  S.  1894,  §6246;  E.  S., 
§13Y2.) 

82.  Counting  and  Destroying  Unvoted  Ballots. 

51.  Immediately  on  closing  the  polls,  the  Board  shall  count 
all  the  ballots  remaining  unvoted,  record  the  number  of  the  same 
on  the  tally  sheets,  and  destrov  all  of  such  ballots  by  totally  con- 
suming by  fire.  TR.  S.  1 901,*^  §6247 ;  R.  S.  1897,  §6546;  R.  S. 
1894,§6247;E.  S.,  §1373.) 

[1901,  p.  525.     Approved  March  11,  1901.     In  force  May  16,  1901.] 

83.  Canvassing  Vote — Destroying  Ballots. 

7.  The  Election  Board  shall  in  canvassing  the  votes  begin 
first  with  the  State  ballots  and  complete  them  before  proceeding 
with  the  local  ballot,  by  laying  each  ballot  upon  the  table  in  the  or- 
der which  it  is  taken  from  the  ballot  box;  and  the  Inspector  and 
the  Judge  of  Election  differing  in  politics  from  the  Inspector,  shall 
view  the  ballots  as  the  names  of  the  persons  voted  for  are  read 
therefrom.  And  in  the  canvass  of  the  votes  any  member  of  the 
Election  Board  may  protest  as  to  the  counting  of  any  ballot,  or  any 
part  thereof,  and  any  ba41ot  which  is  not  indorsed  with  the  initials 
of  the  Poll  Clerks,  as  provided  by  law,  and  any  ballot  which  shall 
bear  nny  distinguishing  mark  or  mutilation  shall  be  void,  and  shall 
not  be  counted,  and  any  ballot,  or  part  of  a  ballot,  from  which  it  is 
impossible  to  determine  the  elector's  choice  of  candidates,  shall 
not  be  counted  as  to  the  candidate,  or  candidates,  affected  thereby; 
and  all  such  ballots,  together  with  all  protested,  disputed  or  un- 
counted ballots,  shall  be  preserved  by  the  Inspector,  and  at  the 
close  of  the  count  placed  with  the  seals  of  the  ballot  packages  in 
paper  bags  securely  sealed,  and  delivered  to  the  Clerk  of  the  county 
with  notification  to  him  of  the  number  of  ballots  so  placed  in  such 
bags,  and  of  the  condition  of  the  seals  of  the  ballot  packages.  The 
Poll  Clerk [s]  shall  also  record  on  the  tally  sheets  memoranda  of 
such  ballots,  and  the  condition  of  the  seal  of  the  ballot  packages, 
and  in  any  contest  of  election  such  ballots  and  seals  may  be  sub- 
mitted in  evidence.     And  before  said  ballots  are  placed  in  the  bags 


bb  GENERAL    LAWS 

as  aforesaid  one  of  the  Poll  Clerks  shall  indorse  upon  the  back  of 
eaeh  disputed  or  protested  ballot  the  word  '^counted"  or  ^'not 
counted,"  as  the  case  may  be,  and  said  indorsement  shall  be 
signed  officially  by  both  of  said  Poll  Clerks.  On  completing  the 
connt  and  recording  the  same  on  the  tally  sheets  all  the  remaining 
ballots,  except  those  marked,  mutilated  or  otherwise  defective*,  or 
required  to  be  preserved  as  in  this  section  hereinbefore  described, 
shall  be  destroyed  by  the  Election  Board  by  totally  consuming 
them  by  fire  before  adjournment,  and  thereupon  the  Election  Board 
shall  immediately  make  a  memorandum  of  the  total  vote  cast  for 
each  candidate  and  deliver  a  copy  thereof  to  each  member  of  such 
board,  ^o  person,  other  than  the  members  of  the  Election  Board, 
Poll  Clerks  and  Election  Sheriffs,  and  the  duly  authorized  watch- 
ers representing  the  various  political  parties,  shall  be  permitted  in 
the  room  during  the  election,  or  during  the  canvass  of  the  votes, 
except  for  the  purpose  of  voting.  Each  of  the  four  political  parties 
having  cast  the  largest  vote  at  the  election  last  preceding,  and 
having  a  place  on  the  official  ballot  shall  be  entitled  to  one  watcher 
at  each  precinct,  who  shall  bo  permitted  to  be  present  during  the 
canvass  of  the  votes.  Each  watcher  shall  be  required  to  present 
to  the  Election  Board  credentials  signed  by  the  township  or  county 
chairman  of  the  party  which  said  watcher  represents,  showing  him 
to  be  the  dulv  authorized  watcher  for  that  party.  (K.  S.  1901, 
^6245.) 

[1889^  p.  124.     Approved  March  G,  1889.     In  force  May  10,  1889.] 

84.     Penalties  for  Violating  Election  Law. 

53.  Any  person  who  shall  (1)  falsely  mark  or  fraudulently 
deface  or  fraudulently  destroy  any  certificalje  or  petition  of  nomina- 
tion, or  any  part  thereof;  (2)  file  ai^y  certificate  or  petition  of 
nomination,  knowing  the  same,  or  any  part  thereof,  to  be  falsely 
made;  or  (3)  suppress  any  petition  or  certificate  of  nomination 
which  has  been  duly  filed,  or  any  part  thereof;  or  (4)  forge  or 
falsely  make  the  official  indorsement  of  any  ballot;  or  (5)  print, 
or  cause  to  be  printed,  any  imitation  ballot,  or  circulate  the  same ; 
or  (6)  conspire  with  others  to  do  any  of  said  acts,  or  induce,  or 
attempt  to  induce,  any  other  person  to  do  any  of  said  acts,  whether 
or  not  said  acts,  or  any  of  them,  be  committed  or  attempted  to  be 
committed,  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  State  peniten- 
tiary not  less  than  two  nor  more  than  five  years,  and  be  disfran- 
chised for  anv  determinate  period  not  less  than  ten  years.  (R.  S. 
1901,  §6249;  R.  S.  1897,  §6548;  K.  S.,  §6249;  E.  S.,  §l^n5.) 


CONCERNING    ELECTIONS.  67 

85.  Penalty  for  Clerk,  Inspector  or  Messenger. 

54.  Any  Clerk,  Inspector  or  other  messenger  entrusted  with 
the  custody  of  the  ballots  who  shall  open  any  of  the  packages  in 
which  the  ballots  are  contained,  or  permit  any  of  them  to  be 
opened,  or  destro}^  any  of  such  ballots,  or  permit  them  to  be  de- 
stroyed: or  give  or  deliver  any  such  packages  or  ballots  to  any 
person  not  lawfully  entitled  to  receive  them,  as  herein  provided; 
or  conspire  to  procure,  or  in  any  way  aid,  abet  or  connive  at  any 
robbery,  loss  or  destruction  of  any  such  ballots  or  packages,  shall 
be  guilty  of  a  felony,  and  on  conviction  shall  be  pimished  by  im- 
prisonment in  the  State  prison  for  not  less  than  three  nor  more 
than  ten  years,  and  be  disfranchised  for  any  determinate  period 
not  less  than  ten  years.  TR.  S.  1901,  §6250  ;  R.  S.  1897,  §6549  ; 
H.  S.  1894,  §6250;  K  S.,^§1.376.) 

86.  Entering  Election  Room — Remaining  Close  to  Polls. 

55.  If  any  person  not  herein  authorized  so  to  do  shall  enter 
or  attempt  to  enter  the  election  room,  or  enter  or  attempt  to  enter 
within  the  railing  leading  from  the  challenge  window  to  the  en- 
trance of  the  election  room  without  first  having  been  passed  by  the 
challengers,  or  having  been  sworn  in  as  hereinbefore  provided,  or 
shall  remain  within  fifty  feet  of  the  polling  place,  contrary  to  the 
provisions  hereinbefore  made,  he  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  be  fined  not  more  than  five  hundred 
dollars.  (R  S.  1901,  §6251;  E.  S.  1897,  §6550;  R.  S.  1894, 
§6251  ;E.  S.,  §1377.) 

87.  Inducing  Voter  to  Put  Mark  on  His  Ballot. 

56.  If  any  person  shall  induce  or  attempt  to  induce  any 
elector  to  write,  paste  or  otherwise  place  on  his  ballot  the  name  of 
any  person  or  any  sign  or  device  of  any  kind  as  a  distinguishing 
mark  by  which  to  indicate  to  any  other  person  how  such  elector 
has  voted,  or  shall  enter  into  or  attempt  to  form  any  agreement 
or  conspiracv  with  any  other  person  to  induce  or  attempt  to  induce 
electors,  or  any  elector,  to  so  place  any  distinguishing  name  or 
mark  on  his  ballot,  whether  or  not  said  act  be  committed  or  at- 
tempted to  be  committed,  such  person  so  offending  shall  be  guilty 
of  felony,  and,  on  conviction,  be  imprisoned  not  more  than  five  nor 
less  than  two  vears  in  the  State's  prison.  (R.  S.  1901,  §6252; 
R.  S.  1897,  §6551;  R.  S.  1894,  §6252;  E.  S.,  §1378.) 

88.  Revealing  How  Elector  Voted. 

57.  If  any  person,  beino;  a  member  of  an  Election  Board  or 
oth.erv/ise  entitled  to  [the J  inspection  of  the  ballots,  shall  reveal  to 


68  GENERAL    LAWS 

any  other  person  how  any  elector  has  voted,  or  what  other  candi- 
dates were  voted  for  on  any  ballot  bearing  a  name  not  printed 
thereon  by  the  Board  of  Election  Commissioners,  or  give  any  in- 
formation concerning  the  appearance  of  any  ballot  voted,  such 
person  so  offending  shall  be  guilty  of  a  felony,  and,  on  conviction, 
shall  be  imprisoned  not  less  than  two  years  nor  more  than  five 
years  in  the  State's  prison,  and  be  disfranchised  for  any  determi- 
nate period  not  less  than  ten  vears.  (R.  S.  1901,  §6253;  R.  S. 
1897,  §6552:  R.  S.  1894,  §6253;  E.  S.,  §1379.) 

89.  Inducing  Member  of  Board  to  Violate  This  Act. 

58.  If  any  person  shall  induce,  or  attempt  to  induce,  any 
member  of  an  Election  Board  to  violate  any  of  the  provisions  of 
section  47  [57],  whether  or  not  such  member  of  the  Election 
Board  shall  violate  or  attempt  to  violate  any  of  the  provisions  of 
this  Act,  such  person  so  offending  shall  be  guilty  of  a  felony,  and, 
on  conviction,  shall  be  imprisoned  in  the  State's  prison  not  less 
than  two  years  nor  more  than  five  years,  and  be  disfranchised  for 
any  determinate  period  not  less  than  ten  years.  It  shall  be  the 
duty  of  each  Inspector  to  distinctly  read  this  and  the  preceding 
section  to  the  Election  Board  at  the  opening  of  the  polls,  and  each 
member  thereof  shall  thereupon  take  an  oath  that  he  has  not  vio- 
lated and  will  not  violate  the  provisions  of  said  section.  (R.  S. 
1901,  §6254;  R.  S.  1897,  §6553;  R.  S.  1894,  §6254;  E.  S., 
§1380.) 

90.  Removing  or  Destroying  Election  Supplies. 

59.  Any  person  who  shall,  during  the  election,  remove  or 
destroy  any  of  the  supplies  or  other  conveniences  placed  in  the 
booths  as  aforesaid  or  delivered  to  the  voter  for  the  purpose  of  en- 
abling thQ  voter  to  prepare  his  ballot,  or  shall,  during  an  election, 
remove,  tear  down  or  deface  the  cards  printed  for  the  instruction 
of  the  voters,  or  shall,  during  an  election,  destroy  or  remove  any 
booth,  railing  or  other  convenience  provided  for  such  election,  or 
shall  induce  or  attempt  to  induce  any  person  to  commit  any  of 
such  acts,  whether  or  not  any  of  such  acts  are  committed  or  at- 
tempted to  be  committed,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  punished  by  imprisonment  for  not  less  than 
six  months  nor  more  than  one  year  and  be  disfranchised  for  any 
determinate  period  not  less  than  ten  years.  (R.  S.  1901,  §6255 ; 
R.  S.  1897,  §6554;  R.  S.  1894,  §6255;  E.  S.,  §1381.) 

91.  Electioneering — Revealing  Vote. 

60.  No  officer  of  election  shall  disclose  to  any  person  tlie 
name  of  any  candidate  for  whom  any  elector  has  voted.  No  offi- 
cer of  election  shall  do  any  electioneering  on  election  day.     No 


CONCERNING    ELECTIONS.  69 

person  whatever  shall  do  any  electioneering  on  election  day  within 
any  polling  place,  or  within  fifty  feet  of  any  polling  place.  !N"o 
person  shall  apply  for  or  receive  any  ballot  in  any  polling  place 
other  than  that  in  which  he  is  entitled  to  vote.  No  person  shall 
show'  his  ballot  after  it  is  marked  to  any  person  in  such  a  way  as 
to  reveal  the  contents  thereof  or  the  name  of  any  candidate  or  can- 
didates for  whom  he  has  marked  his  vote ;  nor  shall  any  person  ex- 
amine a  ballot  which  any  person  has  presented  for  voting  or  solicit 
the  elector  to  show  the  same.  ISTo  person  except  the  Inspector  of 
Election,  or  Judge  who  may  be  temporarily  acting  for  him,  shall 
receive  from  any  voter  a  ballot  prepared  by  him  for  voting.  'No 
voter  shall  receive  a  ballot  from  any  person  other  than  one  of  the 
Poll  Clerks ;  nor  shall  any  person  other  than  a  Poll  Clerk  deliver 
a  ballot  to  an  Inspector  to  be  voted.  ISTo  voter  shall  deliver  any 
ballot  to  an  Inspector  to  be  voted,  except  the  one  he  receives  from 
the  Poll  Clerk.  JSTo  voter  shall  place  any  mark  upon  his  ballot  or 
suffer  or  permit  any  other  person  to  do  so,  by  which  it  may  be 
afterward  identified  as  the  one  voted  by  him.  Whoever  shall  vio- 
late any  provision  of  this  section  shall  be  deemed  guilty  of  a  fel- 
ony, and,  on  conviction,  shall  be  punished  by  imprisonment  for  not 
less  than  six  months  nor  more  than  one  year,  and  by  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars, 
and  be  disfranchised  for  any  determinate  period  not  less  than  ten 
years.  (K.  S.  1901,  §6256;  E.  S.  1897,  §6555  >E.  S.  1894, 
§6256  :E.  S.,  §1382.) 

92.  Officer  Violating  His  Duty. 

61.  Any  public  officer,  upon  whom  any  duty  is  imposed  by 
this  A-ct,  who  shall  wilfully  neglect  or  omit  to  perform  such  du- 
ties, or  do  any  act  prohibited  herein,  for  which  punishment  is  not 
otherwise  herein  provided,  shall  be  deemed  guilty  of  a  felony,  and, 
on  conviction,  shall  be  punished  by  imprisonment  in  the  State'd 
prison  for  not  less  than  six  months  nor  more  than  three  years,  or 
by  a  fine  of  not  more  than  three  thousand  dollars,  or  by  both  such 
fine  and  imprisonment,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  years.  (K.  S.  1901,  §6257;  E.  S.  1897, 
§6556;  E.  S.  1894,  §6257;  E.  S.,  §1383.) 

93.  Constitutional  Amendments. 

62.  Whenever  any  constitutional  amendment  or  other  ques- 
tion is  required  by  law  to  be  submitted  to  popular  vote,  if  all  the 
electors  of  the  State  are  entitled  to  vote  on  such  question,  the 
State  Board  of  Election  Commissioners  shall  cause  a  brief  state- 
ment of  the  same  to  be  printed  on  the  State  ballots,  and  the  words 
"yes''  and  "no"  under  the  same,  so  that  the  elector  may  indicate  his 
preference  by  stamping  [marking]  at  the  place  designated  in  front 


70  GENERAL    LAWS 

of  either  word.  If  the  question  is  required  by  law  to  be  voted  on 
by  the  electors  of  any  district  or  division  of  the  State  the  Board 
or  Boards  of  Election  Commissioners  of  the  county  or  counties, 
including  or  included  in  such  division  or  district,  shall  cause  sim- 
ilar provision  to  be  made  on  the  local  ballots.  In  case  any  elector 
shall  not  indicate  his  preference  by  stamping  [marking]  in  front 
of  either  word  the  ballot  as  to  such  question  shall  be  void  and 
shall  not  be  counted.  (K.  S.  1901,  §6258;  K.  S.  1897,  §6557; 
R  S.  1894,  §6258 ;  E.  S.,  §1384.) 

94.  Preservation  of  Affidavits. 

63.  All  affidavits  provided  in  this  Act  to  be  used  on  the  day 
of  election  at  the  several  polling  places  shall,  at  the  close  of  the 
count,  be  placed  in  a  strong  paper  bag,  or  envelope,  by  the  Elec- 
tion Board  and  securely  sealed  by  them,  each  member  indorsing 
his  natoe  on  the  back  of  such  bag  or  envelope.  Such  bag  or  en- 
velope shall  be  delivered  within  three  d-ays  after  the  election,  by 
the  Inspector,  to  the  Clerk  of  the  Circuit  Court  of  the  county, 
whose  duty  it  shall  be  to  carefully  preserve  the  same,  and  deliver 
it,  with  the  seal  unbroken,  to  the  foreman  of  the  grand  jury  when 
next  in  session.  It  shall  be  the  duty  of  such  grand  jury  to  in- 
quire into  the  truth  or  falsity  of  such  affidavits.  (R.  S.  1901, 
§6259;  R.  S.  1897,  §6558  ;'R.  S.  1894,  §6259  ;  E.  S.,  §1385.) 

95.  Township  and  County  Elections. 

64.  When  any  township  or  county  holds  an  election  at  a 
time  other  than  the  time  of  a  general  election,  such  election  shall 
be  held  in  conformity  with  the  provisions  of  this  Act,  and  all  coun- 
ty and  local  officers  who  are  required  to  perform  any  duties  in  con- 
nection with  the  general  election  shall  perform  the  same  duties  in 
connection  with  such  special  or  local  election,  subject  to  the  same 
provisions  and  penalties  herein  prescribed  in  case  of  general  elec- 
tions. (R.  S.  1901,  §6260;  R.  S.  1897,  §6559;  R.  S.  1894, 
§6260;  E.  S.,  §1386.) 

[1891,  p.  134.     Approved  March  0,  1891.     In  force  June  3,  1891.] 

96.  City  and  Town  Elections. 

(}6.  Where  any  town  or  city  shall  hold  an  election  at  any 
time  other  than  a  time  of  a  general  election,  such  election  shall  be 
held  in  conformity  with  the  provisions  of  this  Act,  except  the 
duties  herein  required  of  the  County  Clerk  shall  be  performed  by 
the  Town  or  City  Clerk ;  the  duties  herein  required  by  the  Board 
of  County  Commissioners  shall  be  performed  by  the  Town  Trus- 
tees or  City  Council ;  the  duties  of  the  County  Sheriff  shall  be  per- 
formed by  the  Town  Marshal  or  Chief  of  Police,  and  the  rights  of 
nomination  of  election  officers  by  political  parties  shall  be  exer- 


CONCERNING    ELECTIONS.  Yl 

eised  by  the  chairman  of  the  town  or  city  committees  of  such  par- 
ties, if  any  such  there  be.  Town  and  city  officers  are  hereby  re- 
quired to  perform  the  various  duties  herein  prescribed  by  the 
county  officers  in  whose  stead  they  act,  subject  to  the  same  pen- 
alties and  provisions  herein  prescribed  as  to  such  county  officers. 
The  town  and  city  Boards  of  Election  Commissioners  shall  pro- 
vide the  necessary  [pencils]*  stamps  and  ink  pads  for  such  elec- 
tions, and  shall  cause  as  many  classes  of  ballots  to  be  printed  as 
there  are  wards  or  districts  entitled  to  separate  officers,  ballots  of 
each  class  having  printed  uniformly  on  the  back  of  the  same  the 
name  or  number  of  the  ward  or  district  in  which  it  is  to  be  used, 
and  containing  the  names  of  all  lawfully  nominated  candidates  for 
all  officers  that  the  voters  of  such  ward  or  district  are  entitled  to 
vote  for  at  such  election.  The  Commissioners  of  county  and 
Trustees  of  townships  in  which  such  towns  or  cities  are  situated 
shall  furnish  what  is  necessary  for  use  in  such  elections  of  the 
election  furniture  in  their  custody :  Provided,  That  such  town  or 
city  shall  pay  the  expense  of  moving  such  furniture  to  and  from 
the  polling  places,  and  also  for  any  damage  to  or  loss  of  such  fur- 
niture. The  Boards  of  town  or  city  Election  Commissioners  shall 
perform  all  the  duties  in  providing  and  preparing  polling  places 
that  are  required  of  County  Commissioners,  in  county  elections, 
subject  to  the  same  provisions  and  penalties.  (E.  S.  1901,  §6261 ; 
R.  S.  1897,  §6560;  E.  S.  1894,  §6261.) 

[1880,  p.  157.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

97.  Holidays. 

GQ.  All  election  days  shall  be  legal  holidays  throughout  the 
district  or  m.unicipality  in  which  the  election  is  held.  (E.  S. 
1901,  §6262;  E.  S.  1897,  §6561;  E.  S.- 1894,  §6262;  E.  S., 
§1388.) 

98.  Laws  Repealed. 

67.  All  laws  and  parts  of  laws  inconsistent  with  the  pro- 
visions of  this  Act  are  hereby  repealed,  pro  tanto:  Provided, 
however.  That  nothing  in  this  Act  contained  shall  impair  the  eflFe<it 
of  any  such  Act  as  to  any  offense  heretofore  committed  under  exist- 
ing laws;  And,  provided  further,  Tliat  the  provisions  of  this  Act 
shall  not  apply  to  any  election  to  be  held  prior  to  the  first  Monday 
in  June,  1890,  and  all  elections  to  be  held  prior  to  said  date  of  the 
first  Monday  in  June,  1890,  shall  be  held  and  conducted  under  the 
provisions  of  the  law  now  in  force,  and  all  elections  to  be  held  after 
the  fir^  Monday  in  June,  1890,  shall  be  provided  for  and  held 

*The  wor^s  "stamped  and  ink-pads"  are  repealed. 


72  GENERAL    LAWS 

under  the  provisions  of  this  Act.     (E.  S.  1901,  §6263  ;  K.  S.  1897, 
§6562 ;  R  S.  1894,  §6263 ;  E.  S.,  §1389.) 

[1881,  S.,  p.  428.     Approved  April  21,  1881.     In  force  September  19,  1881.] 

99.  Duty  of  Board. 

29.  'No  Inspector,  Clerk  or  Judge  of  any  election  shall  vote 
after  commencing  to  connt  the  votes,  nor  publish  any  statement  of 
the  result  of  the  counting  until  such  election  is  closed.  (R.  S. 
1901,  §6264;  R.  S.  1897,  §6563;  R.  S.  1894,  §6264;  R.  S.  1881, 
§4707.) 

100.  Adjournments  Forbidden. 

30.  After  the  opening  of  the  polls  at  any  election  in  this 
State  no  adjournment  shall  be  had  nor  any  recess  taken  until  all 
the  votes  cast  at  such  election  shall  have  been  counted,  and  thd 
result  publiclv  announced  (R.  S.  1901,  §6265;  R.  S.  1897, 
§6564;  R.  S.,  §6265;  R.  S.  1881,  §4708.) 

101.  Meals  for  Election  Officers. 

31.  It  shall  be  the  duty  of  the  Township  Trustees,  in  their 
respective  townships,  to  cause  the  members  of  the  Election  Board 
in  each  township  or  precinct  ^to  be  furnished  with  good,  plain,  and 
substantial  meals,  at  the  regular  hours  for  meals,  during  the  elec- 
tion day  and  until  the  count  is  finished,  but  no  spirituous,  vinous, 
or  fermented  liquors  shall  be  furnished.  Such  Trustees  shall  be 
allowed,  and  paid,  by  the  County  Board  the  actual  cost  of  such 
meals,  in  their  next  regular  account.  (R.  S.  1901,  §6266;  R.  S. 
1897,  §6565;  R.  S.  1894,  §6266;  R.  S.  1881,  §4709.) 

102.  Certificate  of  Judges. 

34.  When  the  votes  shall  be  counted,  the  Boards  of  Judges 
shall  make  out  a  certificate,  under  their  hands,  stating  the  number 
of  votes  each  person  has  received,  and  designating  the  office ;  which 
number  shall  be  written  in  words;  and  such  certificate,  together 
with  one  of  the  lists  of  voters  and  one  of  the  tally  papers,  shall  be 
deposited  with  the  Inspector,  or  with  one  of  the  Judges  selected 
by^the  Board  of  Judges.  (R.  S.  1901,  §6267 ;  R.  S.  1897,  §6566  ; 
R.  S.  1894,  §6267;  R.  S.  1881,  §4712.) 

103.  Care  of  Ballots  and  Papers. 

35.  As  soon  as  the  votes  are  counted,  and  before  the  certifi.- 
cate  of  the  judges,  as  prescribed  in  the  foregoing  section,  is  made 
out,  the  ballots,  with  one  of  the  lists  of  voters  and  one  of  the  tally 
papers,  shall,  in  the  presence  of  the  judges  and  clerks,  be  care- 
fully and  securely  placed  by  the  Inspector,  in  the  presence  of  the 
judges,  in  a  strong  and  stout  paper  envelope  or  bag,  which  shall 


CONCERNING    ELECTIONS.  73 

then  be  tightly  closed  and  well  sealed  with  wax  by  the  Inspector, 

and  shall  be  delivered  by  such  Inspector  to  the  County  Clerk  at 

the  very  earliest  possible  period  before  or  on  the  Thursday  next 

succeeding  said  election ;  and  the  Inspector  shall  securely  keep  said 

envelope  containing  the  ballots  and  papers  therein,  and  permit  no 

one  to  open  said  envelope  or  touch  or  tamper  with  said  ballots  or 

papers  therein.     And  upon  the  delivery  of  such  envelope  to  the 

Clerk,  the  Inspector  shall  take  and  subscribe  an  oath,  before  said 

Clerk,  that  he  has  securely 'kept  said  envelope  and  the  ballots  and 

papers  therein,  and  that,  after  said  envelope  had  been  closed  and 

sealed  by  him  in  the  presence  of  the  judges  and  clerks,  he  had 

not  suffered  or  permitted  any  person  to  break  the  seal  or  open  said 

envelope,  or  touch,  or  tamper  with  said  ballots  or  papers,  and  that 

no  person  has  broken  such  seal  or  opened  said  envelope  to  his 

knowledge ;  which  oath  shall  be  filed  in  said  Clerk's  office  with  the 

other  election  papers.     (K.  S.  1901,  §6268 ;  E.  S.  1897,  §6567 ; 

K.  S.  1894,  §6268;  K.  S.  1881,  §4713.) 

Note — So  much  as  relates  to  the  preservation  of  the  ballots  (R.  S.  1901 
§6248)  and  as  to  when  the  tally  papers,  etc.,  shall  be  returned  (R.  S.  1905 
§6275  D.)  has  been  repealed. 

[Acts  1905,  page  189.] 

104.  Inspector — County  and  City  Clerk — ^Duties. 

10.  It  shall  be  the  duty  of  each  Inspector  of  elections  as 
soon  as  the  certificates  required  by  law  to  be  signed,  to  deliver  the 
same  with  one  of  the  li^s  of  voters  and  one  of  the  tally  papers 
containing  the  vote  of  the  precinct  for  all  State,  district  and  coun- 
ty officers  voted  for  and  with  the  bags  required  by  law  to  be  re- 
turned by  said  Inspector  to  the  Clerk  of  the  Circuit  Court  at  the 
court  house  for  the  use  of  the  Board  of  Canvassers,  and  in  city 
elections  to  the  City  Clerk,  and  that  there  may  be  no  delay  in  the 
canvassing  of  the  vote  of  any  county  or  city  it  is  declared  to  be 
the  duty  of  the  Clerk  to  keep  the  Clerk's  office  open  all  night  upon 
the  night  of  any  election  at  which  county  or  city  officers  are  voted 
for.     (E.  S.  1905,  §6275d.) 

105.  Clerk's  and  Trustee's  Duties. 

36.  The  Clerk  shall  securely  keep  said  envelope,  so  sealed, 
with  the  ballots  and  papers  therein,  in  the  same  condition  as  it 
was  received  by  him  from  the  Inspector,  in  his  office  (ualess 
opened  by  said  Inspector,  in  the  presence  of  the  Board  of  Can- 
vassers, as  herein  provided),  for  the  period  of  six  months.  But 
when  such  election  is  contested,  he  shall  preserve  them  so  long  as 
said  contest  is  undetermined,  subject  to  the  order  of  the  Court 
trying  such  contest:  Provided,  That  said  Inspector  shall,  after 
sealing  said  envelope  containing  such  ballots  and  one  of  his  poll 


74  GENERAL   LAWS 

books  and  tally  papers,  plainly  mark  said  envelope  upon  the  out- 
side, in  ink,  with  the  name,  number  and  township.  And  after 
each  election  the  ballot  box  herein  provided  for  shall  be,  by  said 
Inspector,  deposited  with  the  Township  Trustee  of  the  township 
in  which  his  precinct  is  situate,  for  safekeeping.  And  said  officers 
of  election  shall,  upon  receiving  the  pay  for  their  services  as  such 
from  said  Township  Trustee,  deliver  to  him  the  keys  to  the  said 
ballot  box  in  their  custody.  (E.  S.,  1901,  §6269;  R  S.  1897, 
§6568;  K.  S.  1894,  §6269;  R.  S.  1881,  §4714.) 

[Acts  1905,  p.  189.     Approved  March  4,  1905.] 

106.  Board  of  Canvassers. 

1.  That  in  each  county  in  the  State  the  county  Board  of 
Election  Commissioners  shall  constitute  a  county  Board  of  Can- 
vassers, who  shall  canvass  and  estimate  the  certificates,  poll  lists 
and  tally  papers  returned  by  each  Inspector  of  elections  in  the 
county,  for  which  purpose  the  board  shall  assemble  in  the  Circuit 
Court  room  in  the  court  house,  at  six  o'clock  p.  m.,  upon  the  daj 
of  each  election ;  and  that  in  each  city  in  the  State,  the  city  Board 
of  Election  Commissioners  shall  constitute  a  city  Board  of  Can- 
vassers, who  shall  canvass  and  estimate  the  certificates,  poll  lists, 
and  tally  papers  returned  by  each  Inspector  of  election  at  all  city 
elections,  for  which  purpose  the  board  shall  assemble  in  the  council 
chamber  of  said  city  at  six  (6)  o'clock  p.  m.  upon  the  day  of  said 
election.     (K.  S.  1905,  §6270.) 

107.  Chairman— Clerk. 

2.  The  members  of  such  county  board  shall  select  one  of 
their  number  as  chairman,  and  the  Clerk  of  the  Circuit  Court 
shall  act  as  clerk  of  the  county  board ;  and  the  members  of  sucli 
city  board  shall  select  one  of  their  number  as  chairman,  and  the 
Clerk  of  such  city  shall  act  »s  clerk  of  the  said  board.  (R.  S. 
1905,  §6271.) 

108.  Clerical  Assistants. 

3.  Each  of  such  Board  of  Canvassers  shall  employ  such 
clerical  assistance  as  in  its  judgment  may  be  deemed  necessary  for 
the  proper  canvassing  and  tabulating  of  the  vote :  Provided,, 
That  not  more  than  one-half  of  the  clerks  employed  upon  such 
work  of  canvassing  shall  be  members  of  the  same  political  party ; 
and  such  clerks  shall  be  paid  for  their  services  a  reasonable  com- 
pensation to  be  fixed  by  said  Board  of  Canvassers,  not,  however, 
to  exceed  the  sum  of  fifty  cents  per  hour  to  each  clerk  for  the 
time  actually  employed  upon  such  canvass,  and  the  order  of  said 
county  board  upon  the  county  treasurer  for  clerical  services  ren- 
dered said  county  board  shall  be  sufficient  authority  to  the  county 


CONCfERNIXCJ    ELECTIONS.  75 

treasurer  to  pay  to  the  holder  of  the  same  the  amount  therein 
fixed:  Provided,  There  is  money  in  the  treasury  for  that  pur- 
pose ;  if  there  be  no  funds  to  pay  such  order  when  presented  the 
treasurer  shall  indorse  thereon  ^'Not  paid  for  want  of  funds,"  and 
the  day  of  such  presentment  over  his  signature,  which  shall  entitle 
such  order  to  draw  thenceforth  legal  interest;  and  the  order  of 
such  city  board  upon  the  city  treasurer  for  clerical  services  ren- 
dered such  city  board  shall  be  sufficient  authority  for  the  city 
treasurer  to  pay  to  the  holder  of  the  same  the  amount  therein 
fixed:  Provided,  There  is  money  in  the  city  treasury  for  that 
purpose,  and  if  there  be  no  funds  to  pay  such  order  or  orders 
when  presented  the  treasurer  shall  endorse  thereon  "Not  paid  for 
want  of  funds,"  and  the  date  of  such  presentment  over  his  signa- 
ture, which  shall  entitle  such  order  to  draw  henceforth  legal  in- 
terest. The  members  of  any  such  board  shall  receive  for  their 
services  as  Board  of  Canvassers  such  amount  as  may  be  fixed  by 
the  Board  of  Commissioners  or  Common  Council  as  the  case  may 
be.     (R.  S.  1905,  §6272.) 

109.  Board's  Duties. 

4.  Such  county  or  city  board  Avhen  organized  shall  carefully 
compare  and  examine  the  papers  intrusted  to  it,  and  aggregate 
and  tabulate  from  them  the  vote  of  the  county,  or  the  vote  of  the 
city,  as  the  case  may  be,  a  statement  of  which  shall  be  drawn  up 
by  the  clerk  which  shall  contain  the  names  of  the  persons  voted 
for,  the  office,  the  number  of  votes  given  in  each  precinct,  ward  or 
township  in  a  county  election,  and  in  each  ward  and  precinct  in  a 
city  election  to  each  person;  the  number  of  votes  given  to  each  in 
the  county  or  city -and  also  the  aggregate  number  of  votes  given, 
which  statement  shall  be  signed  by  each  member  of  such  board, 
and  canvass  sheets  together  with  such  certificates,  poll  books  and 
tally  papers  shall  be  delivered  to  the  clerk,  and  by  him  filed  in  his 
office ;  and  the  same  shall  be  preserved  by  him  open  to  the  inspec- 
tion of  any  legal  voter.     (E.  S.  1905,  §6273.) 

110.  Certificates. 

5.  Such  county  board  shall  declare  the  persons  having  the 
highest  number  of  votes  given  for  any  office  to  be  filled  by  the 
voters  of  a  single  county  duly  elected  to  such  office,  and  certify 
the  same  in  the  statement  above  required ;  and  such  city  board  shall 
declare  the  persons  having  the  highest  number  of  votes  given  for 
any  office  to  be  filled  by  the  voters  at  a  city  election,  duly  elected  to 
such  office,  and  certify  the  same  in  the  statement  above  required. 
(R.  S.  1905,  §6274.) 


76  GENERAL    LAWS 

111.  Tie  Vote. 

6.  If  two  or  more  persons  shall  have  the  highest  and  equal 
number  of  votes  for  a  single  office  to  be  filled  by  the  voters  of  such 
county  or  city,  such  county  or  city  board  shall  declare  that  no 
person  is  elected  to  fill  such  office,  and  shall  certify  the  same  in  the 
statement  above  provided  and  when  filed  the  clerk  shall  certify  the 
fact  to  the  tribunal  whose  duty  it  is  to  supply  vacancies  in  such 
office,  or  to  issue  writ  of  election  to  fill  the  same  as  the  case  may 
require.     (K.  S.  1905,  §6275.) 

112.  Defective  Papers^ — Duty  of  Board. 

7.  'No  tally  papers,  poll-book  or  certificates  returned  from 
any  election  by  board  of  judges  thereof  shall  be  rejected  for  want 
of  form,  or  for  lack  of  being  strictly  in  accordance  with  the  direc- 
tions contained  in  the  election  laws  if  the  same  can  be  satisfac- 
torily understood,  and  such  Board  of  Canvassers  shall  in  no  case 
reject  the  returns  from  any  precinct  if  the  same  be  certified  by 
the  board  of  election  of  that  precinct  as  required  by  law,  and 
returned  by  the  Inspector  or  one  of  the  Judges  of  said  board. 
(K.  S.  1905,  §6275a.) 

113.  Evidence — When  Heard — ^Witness  in  Contempt. 

8.  County  or  city  Boards  of  Election  Commissioners  and 
county  or  city  Boards  of  Canvassers  in  matters  concerning  the 
sufficiency  or  validity  of  any  nominating  certificate  or  petition, 
may  examine  on  oath  any  person  touching  any  material  matter 
connected  with  or  bearing  on  the  proper  discharge  of  their  duties. 
Any  member  of  the  board  may  administer  such  oath.  Either  of 
said  boards  is  given  full  power  to  send  for  persons  and  papers, 
and  compel  the  witnesses  to  answer  under  oath  touching  any  ques- 
tions which  may  properly  come  before  said  board.  The  sheriff 
of  the  county  in  county  elections  and  city  marshal  or  superin- 
tendent or  chief  of  police  in  city  elections  shall  serve  all  process, 
and  obey  all  orders  of  such  board,  and  shall  during  the  canvass 
provide  a  deputy  who  shall  remain  in  attendance  upon  such  Board 
of  Canvassers,  and  shall  be  paid  by  the  county  or  city  for  such 
services  at  the  rate  of  two  dollars  for  every  eight  hours  of  such  at- 
tendance. In  case  of  the  refusal  of  any  person  subpoenaed  to  at- 
tend or  testify  such  fact  shall  be  reported  forthwith  by  such  Board 
of  Election  Commissioners  or  said  Board  of.  Canvassers,  to  any 
Circuit  or  other  court  of  general  jurisdiction  of  the  county,  or 
to  a  judge  thereof,  and  such  court  or  judge  shall  order  such  wit- 
nesses to  attend  and  testify,  and  on  failure  or  refusal  to  obey  such 
order  such  witnesses  shall  be  dealt  with  as  for  contempt.  (R.  S. 
1905,  §6275b.) 


CONCERNING    ELECTIONg.  YY 

114.  Disputes — Decision  by  Circuit  Judge. 

9.  In  case  of  a  disagreement  between  the  members  of  the 
county  or  city  Board  of  Canvassers  as  to  how  the  vote  of  any  pre- 
cinct shall  be  counted  the  matter  in  dispute  shall  be  forthwith  re- 
ported by  said  board  to  the  Judge  of  the  Circuit  Court  in  a  brief 
written  statement  setting  forth  the  grounds  of  disagreement  to- 
gether with  all  papers  concerning  the  matter,  and  such  judge  shall 
summarily  determine  said  dispute,  and  direct  how  such  vote  shall 
be  counted,  and  such  determination  shall  be  final  as  regards  the 
action  of  said  Board  of  Canvassers.  (R.  S.  1905,  §6275c;  R.  S. 
1901,  §6275;  R.  S.  1897,  §6574;  R.  S.  1894,  §6275;  R.  S.  1881, 
§4720.)     Repealed  Acts  1905,  p.  191. 

115.  Certificate  of  Election. 

43.  Where  any  person  is  elected  to  an  office  by  the  voters  of  a 
doimty  not  to  be  commissioned  by  the  Governor,  the  Clerk  of  the 
Circuit  Court  shall,  after  ten  days  from  the  time  the  Board  of 
Canvassers  has  made  its  returns,  make  out  and  deliver,  on  demand, 
to  such  person,  a  certificate  of  his  election ;  and  in  case  where  any 
officer  is  to  be  commissioned  by  the  Governor,  he  shall  make  out 
a  statement  under  his  hand  and  the  seal  of  his  Coiirt,.  specifying  the 
number  of  votes  given  to  each  person  for  each  office,  and  who  has 
been  declared  elected,  and  shall  transmit  the  same,  by  mail,  to  the 
Secretary  of  State,  within  the  time  aforesaid.  (R.  S.  1901,  §6276  : 
R.  S.  1897,  §6574;  R.  S.  1894,  §6276;  R.  S.  1881,  §4721.) 

116.  Defective  Returns — Commissions. 

44.  'No  commission  shall  be  withheld  by  the  Governor  on 
account  of  any  defect  or  informality  in  the  return  of  any  election 
to  the.  office  of  Secretary  of  State,  if  it  can,  with  reasonable  cer- 
tainty, be  ascertained  from  such  return  what  office  is  intended 
and  who  is  entitled  to  such  commission.  (R.  S.  1901,  §6277 ;  R. 
S.  1897,  §6576;  R.  S.  1894,  §6277 ;  R.  S.  1881,  §4722.) 

117.  Certificates  of  Votes  for  Legislators. 

45.  When  two  or  more  counties  compose  a  district  to  elect 
a  Senator  or  Representative,  the  Clerks  of  the  Circuit  Courts  of 
such  counties,  on  the  day  next  succeeding  the  return  day  of  such 
election,  shall  make  out  a  certificate  of  votes  received  by  each  in- 
dividual for  Senator  or  Representative,  and  deliver  the  same  to 
the  Sheriff.  (R.  S.  1901,  §6278 ;  R.  S.  1897,  §6577 ;  R.  S.  1894, 
§6278  ;R.  S.  1881,  §4728.) 

118.  Certificate  of  Election  of  Legislators. 

46.  Such  Sheriffs  shall  meet  on  tlie  Wednesday  next  follow- 
ing the  return  day  of  sncli  election,  between  Hie  lionrs  of  one  and 


78  GENERAL    LAWS 

six  of  the  afternoon  at  the  court  house  of  the  oldest  county  in 
such  district,  where  they  shall  compare  the  certificates  delivered 
to  them  by  the  Clerks,  and  shall  jointly  make  out  and  transmit 
to  the  person  having  the  highest  number  of  votes  for  Senator  or 
Representative  a  certificate  of  his  election.  The  county  first  or- 
ganized (or,  if  two  or  more  were  organized  at  the  same  session, 
then  the  county  having,  by  the  Auditor  of  State's  last  report,  the 
highest  number  of  taxable  polls)  shall  be  deemed  the  oldest. 
(R.  S.  1901,  §6279;  R.  S.  1897,  §6578;  R.  S.  1894,  §6279; 
R.  S.  1881,  §4724.) 

119.  Tie  Vote  for  Legislators. 

47.  If,  in  such  case,  any  two  or  more  persons  shall  have 
the  highest  and  an  equal  number  of  votes  for  the  same  office,  such 
Sheriffs  shall  certify  that  f-act  to  the  Clerk  of  the  Circuit  Court 
of  the  county  in  which  such  Sheriffs  shall  have  compared  sucb 
votes,  and  such  Clerk  shall  forthwith  certify  the  same  to  the 
Governor.  (R.  S.  1901,  §6280;  R.  S.  1897,  §6579;  R.  S.  1894, 
§6280;  R.  S.  1881,  §4725.) 

120.  Certificate  to  Secretary  of  State. 

48.  Clerks  of  the  CircuiJ}  Court,  on  the  day  succeeding  the 
return  day  of  such  election,  shall  make  out  in  words,  certified 
statements,  officially  sealed,  of  the  number  of  votes  given  to 
each  person  for  Governor  and  Lieutentant-Governor,  for  Repre- 
sentative in  Congress,  Judges  of  the  Supreme  and  Circuit 
Courts,  Clerk  of  the  Supreme  Court,  Reporter  of  the  decisions 
cf  the  Supreme  Court,  Prosecuting  Attorney,  Superintendent  of 
Public  Instruction,  Secretary,  Auditor,  and  Treasurer  of  State, 
and  for  Senator  and  Representative  in  the  General  Assejnbly, 
and  shall  deliver  the  same  to  some  postmaster  of  the  county, 
to  be  transmitted  by  mail  to  the  Secretary  of  State,  taking  from 
such  postmaster,  and  filing,  a  certificate  setting  forth  particularly 
the  time  when  such  certified  statement  was  deposited  in  such 
postoffice.  (R.  S.  1901,  §6281;  R.  S.  1897,  §6580;  R.  S.  1894, 
§6281  ;R.  S.  1881,  §6580.) 

121.  Duty  of  Secretary  of  State. 

49.  The  Secretary  of  State  shall,  in  the  presence  of  the 
Governor,  compare  and  estimate  the  number  of  votes  given  for 
Judges  of  the  Supreme  Court,  Reporter  of  the  decisions  of  the 
Supreme  Court,  Clerk  of  the  Supreme  Court,  Secretary  and 
Auditor,  and  Treasurer  of  State,  and  Superintendent  of  Public 
Instruction,  and  certify  to  the  Governor  the  persons  receiving 
the  highest  number  of  votes  for  such  offices,  and  also  compare 
and  estimate  the  number  of  votes  given  for  Judges  of  the  Cir- 


CONOEENINQ    ELECTIONS.  79 

ciiit  Court  and  Prosecuting  Attorneys,  and  certify  to  the  Gov- 
ernor the  persons  having  received  the  highest  number  of  votes 
in  their  respective  districts;  and  thereupon  the  Governor  shall 
transmit,  bv  mail,  to  such  persons  their  commissions.  (R.  S. 
1901,  §6282;  E.  S.  1897,  §6581;  R.  S.  1894,  §6282;  R.  S. 
1881,  §4728.) 

122.  Secretary  of  State  and  Governor,  as  to  Congressmen. 

50.  The  Secretary  of  State,  as  soon  as  he  shall  receive 
such  certified  statements,  shall  compare  and  estimate  the  votes 
given  for  Representatives  in  Congress,  and  certify  to  the  Gov- 
ernor the  persons  having  the  highest  number  of  votes  as  duly 
elected;  and  the  Governor  shall  give  to  each  of  the  persons  re- 
turned to  him,  as  aforesaid,  a  certificate  of  his  election,  sealed 
with  the  seal,  and  attested  by  the  Secretary  of  State.  Pro- 
vided, That  no  return  of  any  county  which  has  come  into  his 
hands,  and  which  has  been  duly  authenticated  by  the  Clerk  there- 
of, under  seal,  as  hereinbefore  provided,  shall  be  rejected  by 
said  Secretary  of  State,  but  he  shall  estimate,  aggregate,  and 
tabulate,  and  report  to  the  Governor  the  total  number  of  votes 
cast  in  each  county  for  each  candidate  for  State  office.  Supreme 
Judge,  or  other  officer  to  be  elected  by  all  the  voters  of  the 
State,  and  members  of  Congress,  as  evidenced  to  him  by  the 
face  of  such  return  so  certified  to  him.  (R.  S.  1901,  §6283;  R. 
S.  1897,  §6582;  R.  S.  1894,  §6283 ;  R.  S.  1881,  §4728.) 

123.  Clerk's  Duty  as  to  Election  of  Governor. 

51.  Each  Clerk  of  the  Circuit  Court  shall,  on  the  day 
following  the  return  day  of  election  for  Governor  and  Lieutenant- 
Governor,  make  out  at  full  length,  two  certified  statements, 
under  the  seal  of  his  Court,  the  number  of  votes  each  candidate 
received;  one  of  Avhich  he  shall  transmit  to  the  Speaker  of 
the  House  of  Representatives  of  the  next  General  Assembly, 
by  his  Senator  or  Representative,  w^ho  shall  deliver  the  same 
to  such  Speaker  on  or  before  the  second  day  of  the  session, 
and  the  other  certified  statement  shall  be  transmitted  by  mail 
to  Indianapolis,  directed  to  said  Speaker,  and  to  the  care  of  th.? 
Secretary  of  State,  by  whom  the  same  shall  be  delivered  to  the 
Speaker  on  or  before  the  second  day  of  the  session.  (R.  S.  1901, 
§6284;  R.  S.  1897,  §6583;  R.  S.  1894,  §6284;  R.  S.  1881, 
§4729.) 

124.  Pay  of  Officers. 

52.  Each  Inspector,  Judge  and  Clerk  of  any  election  shall 
be  allowed  and  paid  two  dollars  for  each  day's  service  while  attend- 
ing to  such  election  and  performing  the  duties  of  his  office ;  and 


80  GENERAL    LAWS 

the  same  rate  for  one  day's  services,  and  mileage  at  the  rate  of  five 
cents  per  mile,  going  and  returning,  shall  be  allowed  and  paid  to 
each  member  of  the  Board  of  Canvassers.  (R.  S.  1901,  §6285 ; 
R.  S.  1897,  §6584;  E.  S.  1894,  §6285;  R.  S.  1881,  §4730.) 


ARTICLE  2— SPECIAL  ELECTIONS. 

SEC.  ^  SEC. 

125.  When  to  be  held.  127.    Notice   by   Sheriff. 

126.  When  Governor  to  order.  128.    How  conducted. 

[1881,  S.,  p.  482.     Approved  April  21,  1881.     In  force  September  19,  1881.] 

125.  When  to  Be  Held. 

53.  A  special  election  shall  be  held  in  the  following  cases : 
First.     Whenever  a  vacancy  shall  occur  in  the  office  of  Sen- 
ator or  Representative  during  a  session,  or  when  the  Legislature 
will  be  in  session  after  the  occurrence  of  a  vacancy  and  before  a 
general  election. 

Second.  Whenever  a  vacancy  shall  occur  in  the  office  of 
Representative  in  Congress  while  in  session,  or  when  Congress 
will  be  in  session  after  such  vacancy  occurs  and  before  a  gen- 
eral election. 

Third.  Whenever  two  ^  or  more  persons  receiving  votes  at 
any  election  shall  have  the  highest  and  an  equal  number  of  votes 
for  the  same  office. 

Fourth.  Whenever  a  vacancy  occurs  in  any  office  required 
to  be  filled  at  a  special  election.  (R.  S.  1901,  §6286 ;  R.  S.  1897, 
§6585;  R.  S.  1894,  §6286;  R.  S.  1881,  §4731.) 

126.  When  Governor  to  Order. 

54.  Special  elections  not  otherwise  provided  for  shall  be 
ordered  by  the  Governor,  who  shall  issue  a  writ  or  writs  of  elec- 
tion, directed  to  the  Sheriff  or  Sheriffs  of  the  proper  county  or 
counties ;  and  such  writ  shall  specify  the  county,  district,  or  circuit 
in  which  such  election  is  to  be  held,  the  cause  and  object  of  such 
election,  the  name  of  the  person  whose  office  is  vacant,  and  the 
day  on  which  such  election  shall  be  held ;  which  day  shall  be  the 
same  in  case  such  election  is  held  in  a  district  or  circuit  formed 
of  two  or  more  counties.  (R.  S.  1901,  §6287  ;  R.  S.  1897,  §6586  ; 
R.  S.  1894,  §6287;  R.  S.  1881,  §4732.) 

127.  Notice  by  Sheriff. 

55.  The  Sheriffs  who  receive  such  writs  ordering  a  special 
election  shall  give  the  same  notice  thereof  as  is  required  of  gen- 
eral elections  :  Provided,  Such  notice  may  be  set  up  and  published 
ten  davs  only.  (R.  S.  1901,  §6288;  R.  S.  1897,  §6587;  R.  S. 
1894,  §6288 ;  R.  S.  1881,  §4733.) 


C()NCEK^'IN(J    Kl.EC'JIONS.  *^1 

128.  How  Conducted. 

56.  All  special  elections  shall  be  conducted,  returned,  cer- 
tified, and  canvassed,  and  certificates  and  commissions  shall  issue, 
and  shall  in  all  respects  be  governed  by  the  provisions  of  this  law 
regulating  general  elections,  so  far  as  applicable.  (R.  S.  1901, 
§6289;  R  S.  1897,  §6588;  K.  S.  1894,  §6289;  R.  S.  1881, 
§4734.) 

ARTICLE  3— TOWNSHIP  ELECTIONS. 

SBC.  SEC. 

129.  When  held.  135.  Supervisors. 

130.  Township  Trustees  and  Assessors.  136.  Notice  of  election,  how  conducted. 

131.  Terms  of  Trustees  and  Assessors.  137.  Repealed. 

132.  Justices  of  Peace  and  Constables.  138.  Canvass— Inspector's  duty. 

133.  Election  governed  by  general  law.  139.  Tally  papers. 

134.  Ballots.  140.  Certificates. 

[1893,  p.  192.     Approved  March  2,  1893.     In  force  May  18,  1893.] 

129.  When  Held. 

1.  Tbe  time  of  holding  the  election  of  Township  Trustees, 
Justices  of  the  Peace,  Assessors,  Constables,  Road  Supervisors  and 
such  other  oflicers  of  township  as  may  be  provided  for  by  law,  shall 
be  changed  from  the  April  election,  and  all  such  township  officers 
shall  be  elected  at  the  general  election  to  be  held  on  the  first  Tues- 
day after  the  first  Monday  in  l^ovember,  1894,  and  every  four 
years  thereafter,  and  which  election  shall  be  conducted  by  the  pro- 
visions of  the  law  governing  said  general  election.  (R.  S.  1901, 
§6290 ;  R.  S.  1897,  §6589 ;  R.  S.  1894,  §6290.) 

[1897,  p.  64.     Approved  February  25,  1897.     In  force  April  14,  1897.] 

130.  Township  Trustees  and  Assessors. 

1.  The  time  of  holding  the  election  of  Township  Trustees 
and  Assessors  shall  be  changed  from  the  general  election  on  the 
first  Tuesday  after  the  first  Monday  in  November,  1898,  to  the 
general  election  on  the  first  Tuesday  after  the  first  Monday  in 
^N'ovember,  1900,  and  at  the  general  election  on  the  first  Tuesday 
after  the  first  Monday  in  [N^ovember  of  every  fourth  year  there- 
after. Said  Township  Trustees  and  Assessors  shall  qualify  as  now 
provided  by  law,  and  enter  upon  the  discharge  of  the  duties  of 
their  respective  offices  at  the  expiration  of  ten  days  after  such  elec- 
tion.    (R.S.  1901,  §6290a;R.S.  1897,  §6590.) 

[1901,  p.  415.     Approved  March  11,  1901.     In  forc6  May  15,  1901.] 

131.  Terms  of  Trustees  and  Assessors.  : 

3.  The  terms  of  all  Towmship  Trustees  and  To^vnship  As- 
sessors to  be  elected  at  the  general  election  in  ^November,  1904, 
shall  begin  on  the  first  day  of  January,  1905;  and  thereafter  the 
terms  of  office  of  all  Township  Trustees  and  Township  Assessors 


82  GENERAL    LAWS 

shall  begin  on  the  first  day  of  January  succeeding  their  election. 
(E.  S.  1901,  §6293a.) 

[1897,  p.  64.     Approved  February  25,  1897.     In  force  April  14,  1807.] 

132.  Justices  of  Peace  and  Constables. 

2.  The  time  of  holding  the  election  of  Justices  of  the  Peace, 
Constables  and  such  other  officers  of  the  township,  as  may  be  pro- 
vided for  by  law,  and  the  time  when  they  shall  enter  upon  the 
duties  of  their  respective  offices,  shall  remain  as  now  fixed  by  law. 
(K.  S.  1901,  §6290b;  E.  S.  1897,  §6591.) 

133.  Election  Governed  by  General  Law. 

3.  The  election  of  said  township  officers  shall  be  conducted 
under  the  provisions  of  the  law  governing  said  general  elections. 
(E.  S.  1901,  §6290c;  E.  S.  1897,  §6592.) 

134.  Ballots. 

4.  The  names  of  the  different  candidates  for  said  township 
offices  shall  be  printed  on  separate  ballots  of  a  yellow  color  and 
deposited  in  separate  ballot  boxes  from  that  of  the  State  and 
county  ballots ;  said  ballot  boxes  shall  be  painted  yellow  and  said 
ballots  and  ballot  boxes  shall  be  prepared  in  conformity  with  the 
law  governing  said  general  elections.  (E.  S.  1901,  §6291;  E.  S. 
1897,  §6593.) 

[Acts  1905,  p.  566.     Approved  INIarch  8,  1905.] 

135.  Supervisors — Election — Pay — Districts. 

The  qualified  voters  in  each  road  district  of  the  several  coun- 
ties in  the  State  shall,  on  the  second  Saturday  after  the  first  Mon- 
day in  December,  1905,  and  every  two  years  thereafter,  elect  a  Su- 
pervisor who  shall  hold  his  office  for  the  term  of  two  years  and  un- 
til his  successor  is  elected  and  qualified.  Eoad  districts  shall  not 
be  held  to  include  any  part  or  parts  of  cities  or  incorporated  towns 
that  may  be  in  the  township  in  which  such  road  districts  are 
located.  Each  Supervisor  shall  receive  the  sum  of  one  dollar  and 
fifty  cents  per  day  for  his  services  actually  performed,  not  ex- 
ceeding forty  days  in  any  one  year  to  be  paid  out  of  the  township 
treasury,  but  before  receiving  the  same  he  shall  file  his  sworn 
statement  with  the  Trustee  of  the  township,  which  statement  shall 
specify  the  days  on  which  such  services  were  performed:  Pro- 
vided, Such  Supervisor  shall  not  be  entitled  to  charge  or  receive 
any  compensation  whatever  for  a  number  of  days  equal  to  the 
number  required  of  other  persons  of  his  road  district  liable  to  work 
on  highways.  Upon  the  taking  effect  of  this  act,  if  deemed  neces- 
sary by  any  Trustee  of  any  township,  such  Trustee  shall  divide  his 
township  into  not  more  than  four  nor  less  than  two  road  districts 


CONCERNING    ELECTIONS.  83 

as  nearly  equal  in  nnnibcr  of  miles  of  road  as  practicable  and 
appoint  supervisors  therefor,  to  hold  their  offices  until  their  suc- 
cessors are  elected  and  qualified,  and  if  any  additional  road  dis- 
tricts shall  be  created  he  shall  appoint  Supervisors  thereof  to  hold 
their  offices  until  their  successors  shall  be  elected  and  qualified 
as  herein  provided ;  and  whenever  such  Trustee  shall  deem  it  neces- 
sary he  may  make  any  change  in  such  road  districts  that  may 
subserve  public  interests:  Provided,  That  any  change  of  the  ex- 
isting boundaries  of  road  districts  shall  not  be  made  except  upon 
petition  of  six  freeholders  living  in  the  immediate  vicinity  of 
the  change  proposed  to  be  made.  On  dividing  his  township  into 
road  districts,  or  where  any  change  is  made  therein,  such  Trustee 
shall  record  a  plat  thereof  in  the  highway  record  of  his  township, 
which  shall  show  the  roads  and  parts  of  roads  belonging  to  each 
road  district.  Each  Supervisor  shall  at  the  time  of  his  election 
or  appointment  be  a  qualified  voter  of  the  road  district  for  which 
he  is  elected  or  appointed.     (K.  S.  1905,  §6830.) 

[Acts  1005,  1).  5(57.     Approved  March  8,  1905.] 

136.    Notice  of  Election — How  Conducted. 

The  Township  Trustee  of  each  tow^nship  shall  on  or  before 
the  first  Monday  in  December,  1905,  and  every  two  years  there- 
after, post  up  or  cause  to  be  posted,  in  at  least  two  public  places 
in  each  road  district  of  his  toAvnship,  written  or  printed  notices  of 
an  election  of  Supervisor  of  such  road  district,  giving  therein  the 
place,  day  and  hour  at  which  such  election  is  to  be  held.  The  day 
and  hour  of  such  election  shall  be  the  same  in  each  road  district 
of  the  township.  The  place  of  such  election  shall,  if  practicable, 
be  a  schoolhouse,  located  in  the  road  district.  The  Township  Trus- 
tee shall  act  as  Inspector  of  the  election  in  the  road  district  in  or 
nearest  to  which  he  resides,  and  shall  name  from  among  the  quali- 
fied voters  present  two  clerks,  who  shall,  if  possible,  not  both  be  of 
the  same  political  party.  Such  clerks,  with  the  Trustee,  shall  form 
an  election  b<:>ard  to  judge  of  the  qualifications  of  voters,  and  shall 
collect  or  receive  and  shall  count  the  ballots  cast.  If  one  or  more 
members  of  the  election  board,  or  one  or  more  freeholders  among 
the  qualified  voters  present  shall  challenge  any  one  offering  to 
vote,  and  declare  under  oath  that  such  an  one  is  not  entitled  to 
vote,  giving  reasons  for  such  declaration,  then,  after  the  one  offer- 
ing to  vote  and  challenged  as  aforesaid  shall  have  been  given  an  op- 
portunity to  reply  and  to  declare  under  oath  his  qualifications,  if 
such  one  or  more  members  of  such  election  board  or  such  one  or 
more  freehohlers  among  the  qualified  voters  present  persist  in  their 
challenge  and  declarations,  the  one  thus  challenged  shall  not  be 
allowed  to  vote  unless  a  freeholder  among  the  qualified  voters 
present  shall  declare  under  oath  that  such  challenged  voter  is  en- 


84  »BNBRAL    LAWS 

titled  to  vote  in  that  road  district  at  that  election.  For  the  elec- 
tion of  Supervisor  in  each  road  district  of  his  township,  other  than 
the  one  in  or  nearest  to  which  he  resides,  the  Trustee  shall  name 
an  Inspector  of  election,  and  sucli  Inspector  shall  name  two  clerks, 
of  diiferent  political  parties,  if  possible,  from  among  the  qualified 
voters  present.  Such  Inspector  shall  be  a  freeholder  in  the  road 
district  in  which  the  election  is  held.  The  Inspector  and  the  two 
clerks  shall  constitute  an  election  board  to  judge,  as  heretofore 
provided,  of  the  qualifications  of  voters,  and  to  receive  or  collect 
and  to  count  the  ballots  cast.  Such  Inspector  or  Trustee  shall  be 
authorized  to  administer  all  necessary  oaths  in  relation  to  such 
election.  The  Inspector  and  clerks  provided  for  in  this  act  shall 
serve  without  pay,  but  the  Township  Trustee  shall  be  entitled 
to  his  regular  pay  for  one  day  for  the  day  on  which  the  notices 
aforesaid  are  posted  up  and  for  one  day  for  the  day  on  which 
he  files  reports  of  election  of  Supervisors  with  the  Auditor  of 
the-  county.  The  Trustees  shall  provide  papers  for  the  ballots 
and  for  the  clerks  in  their  count  of  such  ballots.  The  Trustee 
or  Inspector  shall  be  present  promptly  at  the  place  and  hour 
named  in  the  notice  of  election,  and  if  the  said  Trustee  or  In- 
spector shall  not  appear  within  fifteen  minutes  after  the  time  set, 
then  the  qualified  voters  present  shall  select  a  freeholder  from  their 
number  as  Inspector.  The  polls  shall  close  two  hours  after  the 
Trustee  or  Inspector  shall  have  announced  that  the  polls  are  open, 
if  all  voters  present  have  voted,  or  have  been  given  an  opportunity 
to  vote,  provided  that  the  election  board  may  close  the  polls  sooner 
if  all  voters  present  have  voted  or  have  been  given  an  opportunity 
to  vote,  and  no  vote  has  been  cast  for  ten  minutes.  Immediately 
upon  the  announcement  that  the  polls  are  closed,  the  election  board 
shall  proceed  to  count  the  ballots,  and  during  the  count  all  voters 
shall  be  excluded  from  the  room  in  which  the  count  is  made,  ex- 
cepting only  the  election  board  and  two  watchers,  who  may  be 
named,  one  by  each  of  the  clerks.  The  person  receiving  the  high- 
est number  of  votes  cast  shall  be  deemed  to  be  elected.  Only 
those  ballots  shall  Ke  counted  which  contain  the  name  of  but  one 
person,  and  mistakes  in  spelling  or  in  initials  shall  not  prevent  the 
ballot  from  being  counted  where  the  intent  of  the  voter  is  evident ; 
all  counted  or  uncounted  ballots  shall  be  preserved  under  seal  by 
the  Trustee  until  June  following  the  day  of  election.  Ballots  may 
be  either  written  or  printed.  AVhen  the  count  is  completed  the 
Trustee  or  Inspector  shall  at  once  announce  the  result  and  the 
Trustee  shall  issue  a  certificate  to  the  person  so  elected.  The  In- 
spector of  each  district  other  than  that  of  which  the  Township 
Trustee  is  Inspector  shall  file  with  such  Trustee  the  report  of. 
election  in  his  district,  together  with  all  papers  and  ballots.     The 


CONCERNING    ELECTION!.  S5 

Trustee  shall  within  three  days  file  with  the  Auditor  of  such 
county  a  report  of  all  elections  of  Supervisors  held  in  such  Trus- 
tee's township,  which  report  shall  be  certified  to,  in  the  case  of 
each  road  district,  by  the  members  of  the"  election  board  in  such 
district.     (R.  S.  1905,  §6831.) 

137.  Illegal  Votes. 

2.     Repealed  Acts  1905,  page  566. 

[1881,  p.  482.     Approved  April  21,  1881.     In  force  September  19,  1881.] 

138.  Canvass — Inspector's  Duties. 

58.  The  board  of  judges  shall  count  the  votes  given  for  each 
person  for  each  office,  and  certify  the  result,  and  the  Inspector 
shall  file  one  of  the  poll  books  and  tally  sheets,  with  ballots  on  a 
string,  in  the  Clerk's  office  of  the  county,  within  ten  days  after 
such  election.  If  two  or  m.ore  have  the  highest  and  an  equal 
number  of  votes  for  the  same  office,  such  judges  shall,  when  the 
result  is  certified,  determine  by  lot  the  person  entitled  to  the  office, 
and  the  next  day,  the  Inspectors  shall  make  out  and  deliver  to 
the  person  elected,  when  demanded,  a  certificate  for  each  person 
elected  to  any  office  in  said  township,  except  Justice  of  the  Peace : 
Provided,  That,  if  there  be  more  than  one  precinct  in  said  town- 
ship, then  the  Inspectors  of  the  several  precincts  shall  meet,  on 
the  day  folloAving  the  election,  at  the  office  of  the  Township  Trus- 
tee, at  as  near  ten  o'clock  a.  m.  as  is  practicable,  and  compare  the 
poll  books  and  certificates  thereto  held  by  them,  and  having  ag- 
gregated the  vote  of  the  township,  declare  and  certify  the  result ; 
and  if  two  or  more  persons  have  the  highest  and  an  equal  number 
of  votes  for  the  same  office,  they  shall  determine,  by  lot,  which 
shall  be  declared  elected,  and  give  a  certificate  accordingly.  (R. 
S.  1901,  §6292;  R.  S.  1897,  §650-1;  R.  S.  1894,  §6292;  R.  S. 
1881,  §4736.) 

[Acts  1905,  p.  193.] 

139.  Tally  Papers. 

The  tally  papers  for  township  elections  shall  be  kept  separate 
and  apart  from  those  upon  which  are  recorded  the  votes  cast  for 
candidates  for  State,  district  and  county  offices,  and  the  vote  for 
toAvnship  offices  shall  be  canvasi^ed  as  heretofore  provided  by  law : 
Provided,  however.  That  in  all  townships  having  more  than  ten 
(10)  voting  precincts  the  vote  thereof  for  toAvnship  officers  shall 
be  canvassed  by  the  county  Board  of  Canvassers  as  herein  pro- 
vided for  all  county  elections.     (R.  S.  1905,  §6275e.) 


86  GENERAL    LAWS 

[1880,  p.  344.     Approved  March  9,  1889.     In  force  May  10.  1889. J 

140.  Certificates. 

59.  Such  certificate  shall  entitle  the  holder  to  qualify  and 
enter  upon  his  discharge  of  the  duties  of  the  office  to  which  he  is 
elected,  at  the  expiration  of  ten  days  from  the  day  of  such  elec- 
tion, except  that  of  Township  Trustee  and  Township  Assessor,  who 
shall  enter  upon  the  duties  of  their  offices  on  the  first  Monday  of 
August  follov/ing  such  election,  and  also  except  that  the  certificates 
of  election  of  Justices  of  the  Peace  shall  be  forwarded  by  the  In- 
spector aforesaid  to  the  Clerk  of  the  Circuit  Court,  who  shall  cer- 
tify the  result  for  that  office  to  the  Secretary  of  State.  (E.  S. 
1901,  §6293;  R.  S.  1897,  §6595;  K.  S.  1894,  §6293.) 

ARTICLE  4— RE-COUNTING. 

SKC.  SEC. 

141.  When  candidate  may  have.  144.    Certificate  of  re-count. 

142.  Proceedings  to  obtain.  145.    Adjournments  forbidden— Pay— Bal- 

143.  Order    for    re-counting — How     con-  lots,  how  preserved. 

ducted. 

[1881,  S.,  p.  482.     Approved  April  21,  1883,.     In  force  September  19,  1881. J 

141.  When  Candidate  May  Have. 

61.  At  any  thue  within  ten  days  after  the  Thursday  next, 
succeeding  any  election,  any  candidate  for  office  at  such  election, 
desiring  to  contest  the  same,  may  petition,  in  writing,  the  Circuit 
Court,  if  in  session,  or  the  Judge  thereof  in  vacation,  for  a 
re-count  of  the  ballots  cast  at  such  election,  by  three  commis 
sioners,  appointed  by  the  Court  or  Judge,  two  of  whom  shall 
be  from  different  political  parties:  Provided,  That  such  ap- 
pointments shall  be  made  from  the  political  parties  which  cast 
the  highest  number  of  votes  at  the  last  preceding  general  elec- 
tion. (E.  S.  1901,  §6294;  R.  S.  189Y,  §6596;  E.  S.  1894, 
§6294;  E.  S.  1881,  §4738.) 

1.     This  and  the  succeeding  four  sections  may  be  considered  as  re- 
pealed. 

142.  Proceeding  to  Obtain. 

62.  Upon  the  petition  of  such  candidate,  duly  verified, 
showing  that  he  desires  to  contest  such  election,  and  honestly 
believes  that  there  was  a  mistake  or  fraud  committed  in  the 
official  coimt,  and  that  he  desires  a  re-count  of  the  ballots  cast 
at  said  election  for  the  office  for  which  he  was  a  candidate,  and 
upon  proof  that  he  has  served  a  written  notice  upon  the  oppos- 
ing candidate  of  the  time  and  place  of  such  application,  fivo 
days  before  the  hearing,  and  upon  his  furnishing  a  written  un- 
dertaking, with  sufficient  freehold  surety,  that  he  will  pay  all 
the  costs  of  such  re-count,  the  Court  or  Judge  shall  grant  tho 


OONOEENING   ELECTIONS.  87 

prayer  of  said  petition  and  order  said  re-count  to  be  made.  (R. 
S.  1901,  §6295;  R.  S.  1897,  §6597;  R.  S.  1894,  §6295;  R.  S. 
1881,  §4739.) 

143.  Order  for  Re-counting — How  Conducted. 

63.  In  appointing  such  commissioners  to  make  said  re-count, 
the  Court  shall  fix  the  time  within  which  the  same  shall  com-, 
mence,  not  exceeding  thirty  days  thereafter,  and  the  Clerk  of 
the  Circuit  Court  shall  act  as  the  clerk  of  said  commissioners. 
The  order  shall  provide  that  each  of  the  candidates  may  be 
present  during  said  recount;  and  two  qualified  voters  of  the 
county,  selected  by  each  of  said  candidates,  may  also  be  present, 
and  may  witness  the  re-count  of  the  vote,  and  such  witnesses 
shall  conduct  themselves  in  a  quiet  and  orderly  manner,  and  shall 
not  interrupt  said  commissioners  while  in  the  discharge  of  their 
duties.  Such  order  shall  be  entered  on  the  order  book  of  the 
Circuit  Court.  (R.  S.  1901,  §6296;  R.  S.  1897,  §6598;  R.  S. 
1894,  §6296;  R.  S.  1881,  §4740.) 

144.  Certificate  of  Re-count. 

64.  When  said  re-count  is  finished,  the  commissioners,  or  a 
majority  of  them,  shall  make  out  a  certificate,  under  their  hands, 
stating  the  number  of  votes  that  each  of  said  candidates  has  re- 
ceived for  said  office  in  each  township  and  precinct,  and  which  of 
said  candidates,  as  shown  by  the  said  re-count,  received  the  highest 
number  of  votes,  and  what  his  majority  or  plurality  was ;  and  said 
certificate  shall  be  filed  with  the  Clerk  of  the  Circuit  Court  and 
recorded  in  the  order  book  of  said  Court.  Such  certificate,  or  the 
record  thereof,  may  be  used  as  evidence  of  the  facts  therein  re- 
cited upon  the  trial  of  any  contest  of  said  election  between  said 
candidates.  (R.  S.  1901,  §6297;  R.  S.  1897,  §6599;  R.  S.  1894, 
§6297;  R.  S.  1881,  §4741.) 

145.  Adjournments  Forbidden — Pay — Ballots,  How  Preserved. 

65.  No  adjournment  shall  be  had  until  said  re-count  is  fin- 
ished and  said  certificate  is  made  out  and  filed.  Said  commission- 
ers shall  each  be  allowed,  and  paid  by  said  petitioners,  at  the  rate 
of  three  dollars  per  day,  each,  for  their  services.  Said  Clerk  shall, 
as  soon  as  such  re-count  is  completed,  replace  said  ballots  in  the 
ballot  boxes,  securely  lock  and  seal  them,  and  keep  them  as  above 
provided.  For  his  services  in  the  matter  of  such  re-count,  said 
Clerk  shall  receive  from  such  petitioner  the  sum  of  five  dollars. 
(R.  S.  1901,  §6298;  R.  S.  1897,  §6600;  R.  S.  1894,  §6298;  R.  S. 
1881,  §4742.) 


88 


GENERAL    LAWS 


ARTICLE  5— CONTEST. 


SEC. 

SEC. 

146. 

Who  may  contest. 

160. 

147. 

Contest  for  State  office. 

161. 

148. 

Notice. 

162. 

149. 

Committee  to  try— Powers. 

163. 

150. 

Contesting  seat  of  Legislator. 

151. 

Depositions. 

164. 

152. 

Notice  to  coutestee. 

165. 

153. 

Powers  of  Justices. 

166. 

154. 

Vacancy. 

167. 

155. 

Meeting  of  Justices— Their  duty. 

168. 

156. 

Clerk's  duty. 

169. 

157. 

Duty  of  Secretary  of  State. 

170. 

158. 

Depositions,  when  read. 

171. 

159. 

Causes  for  contest. 

Election,  when  not  set  aside. 
Contest  for  local  offices. 
Notice  by  Auditor  to  Clerk. 
Notice   to   County   Board   and   < 

testee. 
Subpoenas — Trial  of  contest. 
Appeals. 

Duty  of  Court  on  appeal. 
Voters  compelled  to  testify. 
Fees  and  costs. 

Commissioner  to  take  testimony. 
Contest  for  municipal  offices. 
Appeal  to  Supreme  Court. 


[1881,  S.,  p.  482.     Approved  April  21,  1881.     In  force  September  19,  1881.] 

146.  Who  May  Contest. 

66.  The  election  of  any  person  declared  elected  by  popular 
vote  to  any  office,  whether  State,  connty,  township,  or  municipal, 
may  be  contested  by  any  elector  who  was  entitled  to  vote  for  such 
person.  The  person  contesting  such  election  shall  be  known  as  the 
contestor;  the  person  whose  election  is  contested,  as  the  contestee. 
(R  S.  1901,  §6299;  R  S.  1897,  §6601;  R  S.  1894,  §6299;  R 
S.  1881,  §4743.) 

147.  Contest  for  State  Office. 

67.  When  such  elector  may  choose  to  contest  the  election 'of 
any  State  officer,  elective  by  the  people,  he  shall,  within  twenty 
days  after  the  first  day  of  the  next  session  of  the  General  Assem- 
bly thereafter,  deliver  to  the  presiding  officer  of  the  House  of  Rep- 
resentatives specifications  of  the  grounds  of  such  contest;  which 
specifications  shall  be  verified  by  the  affidavit  of  such  electors. 
(R  S.  1901,  §6300;  R  S.  1897,  §6602;  R  S.  1894,  §6300;  R  S. 
1881,  §4744.) 

148.  Notice. 

68.  As  soon  as  such  presiding  officer  receives  such  specifi- 
cations, he  shall  m.ake  out  a  notice  of  contest,  which,  together  with 
a  copy  of  the  specifications,  he  shall  cause  to  be  directed  and  de- 
livered to  the  person  whose  election  is  contested ;  and  shall  imme- 
diate! v  give  notice  to  both  Houses  that  such  specifications  have 
been  received.  CR  S.  1901,  §6301;  R  S.  1897,  §6603;  R  S. 
1894,  §6301;  R  S.  1881,  §4745.) 

149.  Committee  to  Try — Powers. 

69.  Each  House  shall  choose,  by  a  viva  voce  vote,  seven 
members  of  its  own  body;  and  the  members  thus  selected  shall 
constitute  a  committee,  to  try  and  determine  such  contested  elec- 
tion ;  and  for  that  purpose  shall  hold  their  meetings  publicly,  at  the 
capitol,  at  such  time  and  place  as  they  may  designate,  and  may 


CONOBRNIIfG    ELECTIONS.  89 

adjourn  from  day  to  day,  or  to  a  day  certain,  until  such  trial  shall 
be  determined.  They  shall  have  power  to  send  for  persons  and 
papers  and  to  take  all  necessary  means  to  procure  testimony,  ex- 
tending like  privileges  to  the  contestor  and  the  contestee ;  and  shall 
report  their  judgment  in  the  premises  to  both  branches  of  the 
General  Assembly;  which  report  shall  be  entered  on  the  journals 
of  the  respective  Houses,  and  the  judgment  of  such  committee 
shall  be  conclusive.  If  such  election  be  adjudged  invalid,  such 
office  shall  be  vacant.  (E.  S.  1901,  §6302;  E.  S.  1897,  §6604; 
E.  S.  1894,  §6302;  E.  S.  1881,  §4746.) 

150.  Contesting  Seat  of  Legislator. 

70.  Any  such  elector  who  may  choose  to  contest  the  election 
of  any  person  declared  elected  to  a  seat  in  the  Senate  or  House 
of  Eepresentatives  shall,  within  ten  days  after  such  election,  lile 
with  the  Clerk  of  the  Circuit  Court  of  the  county  in  which  the  al- 
leged cause  of  contest  originated,  a  statement  of  the  grounds  of 
contest  on  which  he  relies,  and  that  he  was  entitled  to  vote  at  such 
election,  verified  by  his  affidavit.  (E.  S.  1901,  §6303  ;  E.  S.  1897, 
§6605 ;  E.  S.  1894,  §6303 ;  E.  S.  1881,  §4747.) 

151.  Depositions. 

71.  When  such  statement  shall  be  filed,  such  Clerk  shall 
issue  a  commission  directed  to  two  Justices  of  the  Peace  of  his 
county,  not  of  kin  to  the  contestor  nor  to  any  person  who  was  a 
candidate  at  such  election  for  the  office  the  election  to  which  is  con- 
tested, to  meet  at  such  time  and  place  as  shall  be  specified  in  such 
commission,  not  less  than  twenty  nor  more  than  thirty  days  from 
the  time  of  issuing:  the  same,  for  the  purpose  of  taking  the  depo- 
sitions of  witnesses.  (E.  S.  1901,  §6304;  E.  S.  1897,  §6606;  E. 
S.  1894,  §6304;  E.  S.  1881,  §4748.) 

152.  Notice  to  Contestee. 

72.  Written  notice  of  such  contest,  specifying  the  time  and 
place  of  taking  depositions  and  before  whom  to  be  taken,  and 
a  copy  of  such  statement,  certified  by  such  Clerk,  shall,  within 
ten  days  after  such  statem.ent  shall  have  been  filed,  be  delivered 
to  the  contestee,  or,  if  he  can  not  be  found,  shall  be  left  at  his 
last  and  usual  place  of  residence  by  the  Sheriff  of  the  county,  who 
shall  return  to  such  clerk  a  certified  copy  of  such  notice,  with  the 
manner  and  time  of  service  indorsed  thereon,  for  which  he  shall 
receive  from  the  contestor  the  same  fees  allowed  in  writs  of  sum- 
mons. (E.  S.  1901,  §6.305;  E.  S.  1897,  §6607;  E.  S.  1894, 
§6305  ;E.  S.  1881,  §4749.) 


90  GENERAL    LAWS 

153.  Powers  of  Justices. 

73.  Either  of  such  Justices  shall  have  power  to  issue  sub- 
poenas, to  be  served  by  the  Sheriff;  and  when  met  at  the  time  and 
place  appointed  to  take  depositions,  shall  have  the  same  power  to 
issue  attachments  and  assess  fines  against  witnesses  as  is  given 
to  Justices  in  the  trial  of  suits  instituted  before  them.  (R.  S. 
1901,  §6306;  R.  S.  1897,  §6608;  R.  S.  1894,  §6306;  R.  S.  1881, 
§4750.) 

154.  Vacancy. 

74.  If  either  of  the  Justices  first  appointed  becomes  unable 
to  proceed  in  such  examination,  such  Clerk  shall  fill  the  vacancy 
with  any  other  Justice  of  the  county.  (R.  S.  1901,  §6307;  R.  S. 
1897,  §6609;  R.  S.  1894,  §6307;  R.  S.  1881,  §4751.) 

155.  Meeting  of  Justices— Their  Duty. 

75.  Such  Justices  shall  meet  at  the  time  and  place  appointed, 
take  and  certify  such  depositions  as  in  other  cases,  and  may  ad- 
journ from  time  to  time,  and  Avhen  the  same  is  closed,  shall  de- 
liver the  depositions,  with  the  commission,  to  such  Clerk.  (R.  S. 
1901,  §6308;  R.  S.  1897,  §6610;  R.  S.  1894,  §6308;  R.  S.  1881, 

§4752.) 

• 

153.     Clerk's  Duty. 

76.  Such  Clerk  shall  seal  up  the  depositions,  original  state- 
ment of  the  grounds  of  contest,  the  copy  of  the  notice  served  on 
the  contestee,  and  the  commission  issued  to  such  Justices,  indorse 
thereon  the  names  of  the  contesting  parties  and  the  branch  of  the 
Legislature  before  which  such  contest  is  to  be  tried,  and  transmit 
the  same,  by  mail,  to  the  Secretarv  of  State.  (R.  S.  1901,  §6309  ; 
R.  S.  1897^  §6611 ;  R.  S.  1894,  §6309 ;  R.  S.  1881,  §4753.) 

157.  Duties  of  Secretary  of  State. 

77.  The  Secretary  of  State,  on  or  before  the  second  day  of 
the  session  of  the  General  Assembly  held  next  thereafter,  shall  de- 
liver such  depositions  to  the  presiding  officer  of  the  proper  House, 
who  shall  immediately  lay  the  same  before  such  House.  (R.  S. 
1901,  §6310;  R.  S.  1897,  §6612;  R.  S.  1894,  §6310;  R.  S.  1881, 
§4754.) 

158.  Depositions;  When  Read. 

78.  At  any  time  after  notice  of  contest,  and  before  final  de- 
termination, either  party  may  take  depositions  to  be  read  on  trial, 
under  the  rules  regulating  the  taking  of  depositions  to  be  read  in 
the  Circuit  Court :  and  such  depositions  shall  be  sent,  by  mail,  to 
the  Secretary  of  State,  who  shall  deliver  the  same,  unopened^  to 


CONCERNING    ELEOtlONS.  91 

the  presiding  offiror  of  tlio  proper  House.     (R.  S.  1901,  §6311 ; 
R.  S.  1897,  §6618;  R.  S.  1894,  §6311;  R.  S.  1881,  §4755.) 

159.  Causes  for  Contest. 

79.  Any  election,  the  contest  of  which  is  provided  for  in  this 
Act,  maj  be  contested  for  any  of  the  following  causes : 

First.  For  irregularity  or  malconduct  of  any  member  or 
officer  of  the  proper  board  of  judges  or  canvassers. 

Second.     When  the  contestee  was  ineligible. 

Third.  When  the  contestee,  previous  to  such  election,  shall 
have  been  convicted  of  an  infamous  crime,  such  conviction  not 
having  been  reversed  nor  such  person  pardoned  at  the  time  of 
such  election. 

Fourth.     On  account  of  illegal  votes. 

CR.  S.  1901,  §6312;  R.  S.  1897,  §6614;  R.  S.  1894,  §6312; 
R.  S.  1881,  §4756.) 

160.  Election,  When  Not  Set  Aside. 

80.  Xo  irregularity  or  malconduct  of  any  member  or  officer 
of  a  board  of  judges  or  canvassers  shall  set  aside  the  election  of 
any  person,  unless  such  irregularity  or  malconduct  was  such  as 
to  cause  the  contestee  to  be  declared  elected  when  he  had  not  re- 
ceived the  highest  number  of  legal  votes;  nor  shall  any  election 
be  set  aside  for  illegal  votes,  unless  the  number  thereof  given  to 
the  contestee,  if  taken  from  him,  would  reduce  the  number  of  his 
legal  votes  below  the  number  of  legal  votes  given  to  some  other 
person  for  the  same  office.  CR.  S.  1901,  §6313;  R.  S.  1897, 
§6615;  R.  S.  1894,  §6313;  R.  S.  1881,  §4757.) 

161.  Contest  for  Local  Offices. 

81.  All  contests  for  county  and  township  offices  shall  be  tried 
in  the  proper  county;  and  all  contests  for  district  and  circuit 
offices,  not  otherwise  provided  in  this  Act,  shall  be  tried  in  the 
county  giving  the  largest  vote  for  such  office  at  such  election ;  and 
whenever  any  elector  shall  choose  to  contest  such  election  he  shall 
file  with^  the  Auditor  of  the  proper  county,  within  ten  days  after 
such  person  has  been  declared  elected,  a  written  statement  specif y- 
msr  the  grounds  of  contest,  verified  by  the  affidavit  of  such  elector. 
(R.  S.  1901,  §6314;  R.  S.  1897,  §6616;  R.  S.  1894,  §6314;  R. 
S.  1881,  §4758.) 

162.  Notice  by  Auditor  to  Clerk. 

82.  When  such  statement  is  filod  with  the  Auditor  of 
the  proper  county  he  shall  immediately  give  notice,  in  writing, 
to  the  Clerk  of  the  Circuit  Court,  that  the  election  to  such  office 
is   contested ;    and   when   the   office   of   County    Auditor   is   con- 


92  GENERAL    LAWS 

tested,  such  statement  shall  be  filed  with  the  Clerk,  who  shall 
do  the  duties  otherwise  required  by  this  act  of  the  Auditor.  The 
filing  of  such  statement  shall  be  notice  to  him.  (K.  S.  1901, 
§6315;  R  S.  1897,  §6617;  E.  S.  1894,  §6315;  K  S.  1881, 
§4759.) 

163.  Notice  to  County  Board  and  Contestee. 

83.  When  such  statement  is  filed  with  the  Auditor  he 
shall  issue  a  notice  to  the  Board  of  County  Commissioners  to 
meet  at  the  court  house  at  a  designated  time,  not  less  than  ten 
nor  more  than  twenty  days  thereafter,  to  try  such  contested 
election,  and  shall  issue  a  notice  to  the  contestee  to  appear  at 
the  time  and  place  specified  in  the  notice  to  the  Commissioners ; 
which,  with  a  copy  of  such  statement,  shall  be  delivered  to  the 
Sheriff  of  the  county,  who  shall,  within  five  days  thereafter, 
serve  the  same  on  the  contestee,  by  delivering  to  him  a  copy 
of  such  notice  and  statement  or  leaving  a  copy  thereof  at  his 
last  usual  place  of  residence.  (E.  S.  1901,  §6316;  E.  S.  1897, 
§6618;  E.  S.  1894,  §6316;  E.  S.   1881,  §4760.) 

164.  Subpoenas — Trial  of  Contest. 

84.  The  Auditor,  at  the  request  of  either  party,  shall  issue 
subpoenas,  which  shall  be  served  by  the  Sheriff.  Such  Board 
of  Commissioners  shall  try  and  determine  such  contest;  and 
shall  have  power  to  compel  the  attendance  of  witnesses,  to  swear 
and  examine  the  same,  to  punish  contempts  as  other  Courts,  to 
adjourn  or  continue  the  trial  from  time  to  time,  not  exceeding 
twenty  days  altogether;  to  make  the  necessary  orders  for  the 
payment  of  costs,  and  to  coerce  the  payment  of  the  same,  and 
shall  be  governed  in  such  trial  by  the  rules  of  law  obtaining  in 
Circuit  Courts.  And  if  it  be  proved  that  any  other  person  than  the 
contestee  has  the  highest  number  of  legal  votes,  such  board  shall 
declare  such  person  elected,  and  certify  the  same  to  the  proper 
officer.  (E.  S.  1901,  §6317;  E.  S.  1897,  §6619;  E.  S.  1894, 
§6317:  E.  S.  1881,  §4761.) 

165.  Appeals. 

85.  Appeals  may  be  taken  herein,  as  from  other  decisions 
of  fmch  board:  Provided,  That  the  same  be  taken  within  ten 
days.  (E.  S.  1901,  §6318  ;  E.  S.  1897,  §6620 ;  E.  S.  1894,  §6318  ; 
E.  S.  1881,  §4762.) 

166.  Duty  of  Court  on  Appeal. 

86.  If  upon  such  appeal  the  Circuit  Court  confirm  such 
election,  a  certificate  thereof  shall  issue ;  if  such  election  be  an- 
nulled, and  no  other  persons  declared  elected  to  the  same  office. 


CONCERNING    EI.ECTIONS.  91^ 

it  shall  be  declared  vacant.      (R.  S.  1901,  §6319 ;  R.  S.  1897, 
§6621 ;  R.  S.  1894,  §6319 ;  R.  S.  1881,  §4763.) 

167.  Voters  Compelled  to  Testify. 

87.  Any  witness  who  voted  at  such  election,  when  called  to 
testify  in  any  such  case,  shall  be  required  to  answer  touching  his 
qualifications ;  and  if  he  was  not  a  qualified  elector  he  shall  be  re- 
quired to  answer  for  whom  he  did  vote,  and  such  admission  shall 
not  be  used  against  him  in  any  prosecution  for  illegal  voting. 
(R.  S.  1901,  §6320;  R.  S.  1897,  §6622;  R.  S.  1894,  §6320 ;  R.  S. 
1881,  §4764.) 

168.  Fees  and  Costs. 

88.  The  Sheriff,  Auditor,  Clerk  and  Justices  of  the  Peace, 
for  services  rendered  by  them  in  case  of  contested  elections, 
shall  receive  from  the  party  at  whose  instance  such  services  are 
performed,  the  fees  usually  allowed  for  similar  services  in  other 
cases ;  which  fees  shall  be  taxed  as  costs  against  the  losing  party, 
a  11(1  collected  as  other  costs  are  taxed  and  collected.  (R.  S. 
1901,  §6321;  R.  S.  1897,  §6623;  R.  S.  1894,  §6321;  R.  S. 
1881,  §4765.) 

169.  Commissioner  to  Take  Testimony. 

89.  The  Court  trying  the  cause,  at  the  request  of  the  con- 
testor  and  contestee,  in  writing,  or  upon  the  application  of  either 
party,  supported  by  affidavit  showing  that  a  saving  of  expenses 
to  the  parties,  the  convenience  of  the  witnesses,  and  the  ends  of 
justice  will  be  promoted  thereby,  may  appoint  a  commissioner 
to  take  the  testimony  of  witnesses,  in  writing,  at  any  time  be- 
fore the  final  hearing  and  shall  provide,  in  the  order  of  appoint- 
ment, that  each  party  shall  give  reasonable  notice  to  the  other 
of  the  time  and  place  of  such  taking.  Such  commissioner  shall 
have  power  to  subpoena  and  compel  the  attendance  of  witnesses 
residing  in  the  county;  and  it  shall  be  his  duty  to  take  down,  in 
writing,  all  the  testimony  offered  by  the  parties,  and  to  note 
all  objections  to  the  testimony;  and  he  shall  report  the  same  to 
the  Court  trying  the  cause  within  the  time  limited  by  the  order 
appointing  him.  (R.  S.  1901,  §6322;  R.  S.  1897,  §6624;  R.  S. 
1894,  §6322;  R.  S.  1881,  §4766.) 

170.  Contest  for  Municipal  Office. 

90.  All  contests  for  municipal  offices  shall  be  tried  before 
the  Circuit  Court  of  the  proper  county  in  the  manner  provided 
by  law  for  the  contest  of  county  and  township  offices.  The 
Clerk  of  the  Circuit  Court  shall  be  the  person  with  whom  the 
notice  of  the  contest  shall  be  filed,  and  he  shall  perform  all  tho 


y4  GENERAL    LAWS 

duties  required  to  be  performed  by  him  and  the  Auditor  in  other 
cases,  and  the  contest  shall  be  set  down  for  trial  at  the  next 
term  of  such  Circuit  Court.  (R.  S.  1901,  §6323;  R.  S.  1897, 
§6625;  R.  S.  1894,  §6323;  R  S.  1881,  §4767.) 

171.    Appeal  to  Supreme  Court. 

91.  In  all  cases  of  contested  elections  where  an  appeal  has 
been  taken  from  the  Board  of  County  Commissioners  to  the  Cir- 
cuit Court,  either  party  feeling  aggrieved  by  the  judgment  of 
said  Court  may  appeal  therefrom  to  the  Supreme  Court,  as  in 
other  civil  cases.  The  appeal  bond  in  such  cases  shall  be  in  a 
penalty  sufficient  to  secure  any  damage  which  may  accrue  by  a 
stay  of  proceedings  upon  the  judgment.  And  whenever,  by  rea- 
son of  such  appeal,  a  party  may  be  exclvided  from  the  office  to 
which  he  may  be  entitled,  pending  such  appeal,  the  principal  and 
sureties  in  said  bond  shall  be  liable  thereon  foi'  the  amount  of 
the  emoluments  of  the  office  to  the  party  deprived  thereof.  (R. 
S.  1901,  §6324;  R.  S.  1897,  §6626;  R.  S.  1894,  §6324;  R.  S. 
1881,  §4768.) 


ARTICLE  a— TO  SP^CURE  PURITY  OF  ELECTIONS. 

SEC.  SET. 

172.  Illegal  voter.  190.  Seizing  ballot   box. 

173.  Voting  in  wrong  precinct.  191.  Destroying  ballot   box  or  ballots. 

174.  Nonresident  voting.  192.  Inducing  voter  to  re-sign  petition. 

175.  Importing  voters.  193.  Selling  signature  to  petition. 

176.  Voting  more  than  once.  194.  Fraud  at  special  election. 

177.  Bribery  to  secure  nomination.  195.  Buying  votes  at  sneeial   election. 

178.  Bribing  voter.     ♦  196.  Bribing  to  procure  election. 

179.  Ground  of  challenge— Affidavit.  197.  Bribing  election  officers. 

180.  False  affidavit.  198.  Betting  on  election. 

181.  Ballot    box    breaking— Altering    re-        199.  Inducing  minor  to  bet  on  election. 

turns.  200.  Selling  liquors  on   election  day. 

182.  Fraud  by  officer.  201.  Druggist   selling  liquor  on   election 

183.  Altering  returns.  day. 

184.  Refusing  to  receive  vote.  202.  Penalty   for   selling   or   offering    to 

185.  Officer  persuading  voter.  sell   vote. 

186.  Officer  opening  or  marking  ticket.  203.  Penalty   for   buying   or    offering   to 

187.  Deceiving  illiterate  voter.  204.  Witnesses.  [buy  votes. 

188.  Defrauding  voter.  205.  Acts  repealed. 

189.  Using  violence,  threats  or  restraint.  206.  Repealed. 

11881,  S.,  p.  174.     Approved  April  14,  1881.     In  force  September  19,  1881.1 

172.    Illegal  Voter. 

263.  Whoever,  not  having  the  legal  qualifications  of  a  voter 
at  any  election  authorized  by  law  to  he  held  in  this  State  for  any 
officer  whatever,  votes  or  offers  to  vote  at  such  election,  shall  be 
fined  not  more  than  five  hundred  dollars  nor  less  than  ten  dollars, 
imprisoned  in  the  county  jail  not  more  than  one  year  nor  less  than 
one  month,  and  disfranchised  and  rendered  incapable  of  holding 
any  office  of  trust  or  profit  for  any  determinate  period.  (R.  S. 
1901,  §2322;  R.  S.  1897,  §2362;  E.  S.  1894,  §2322;  R.  S.  1881, 
§2179.) 


CONCERNING    ELECTIONS.  95 

173.  Voting  in  Wrong  Precinct. 

264.  Whoever  knowingly  votes  or  offers  to  vote  in  any  pre- 
cinct or  ward  except  the  one  in  which  he  resides,  shall  be  fined 
not  more  than  five  hundred  dollars  nor  less  than  ten  dollars,  im- 
prisoned in  the  county  jail  not  more  than  one  year  nor  less  than 
one  month,  and  disfranchised  and  rendered  incapable  of  holding 
anv  office  of  trust  or  profit  for  any  determinate  period.  (R.  S. 
1901.  §2323;  R.  S.  1897,  §2363;  R.  S.  1894,  §2323;  R.  S.  1881, 
§2180.) 

174.  Nonresident  Voting. 

265.  Whoever  passes  from  any  other  State  into  this  State, 
and  votes  or  attempts  to  vote  at  any  voting  precinct  or  Avard  of 
this  State,  not  being  at  the  time  a  bona  fide  resident  of  such  voting 
precinct  or  ward,  shall  be  fined  not  more  than  one  thousand  dol- 
lars nor  less  than  fifty  dollars,  imprisoned  in  the  State  prison  not 
more  than  five  years  nor  less  than  one  year,  and  disfranchised  and 
rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any 
determinate  period.  (R.  S.  1901,  §2324;  R.  S.  1897,  §2364;  R. 
S.  1894,  §2324;  R.  S.  1881,  §2181.) 

175.  Importing  Voters. 

266.  Whoever  hires  or  solicits  any  person  to  come  from  any 
State  into  this  State  for  the  purpose  of  voting  at  any  election 
therein  or  to  pass  from  any  county  to  another  county,  or  from  any 
township  into  another  township,  or  from  any  voting  precinct  or 
ward  into  another  voting  precinct  or  ward  of  the  State,  for  the 
purpose  of  voting  therein  at  any  election  held  therein  (such  per- 
son, so  solicited,  not  being  a  legal  voter  in  such  county,  township, 
])recinct  or  ward),  shall  be  fined  not  more  than  one  thousand  dol- 
lars nor  less  than  fifty  dollars,  imprisoned  in  the  State  prison  not 
more  than  five  years  nor  less  than  one  year,  and  disfranchised 
and  rendered  incapable  of  holding  any  office  of  trust  or  profit  for 
anv  determinate  period.  fR.  S.  1901,  §2325 ;  R.  S.  1897,  §2365 ; 
R.'S.  1894,  §2325;  R.  S.  1881,  §2182.) 

176.  Voting  More  Than  Once. 

267.  Wlioever  votes  more  than  once  at  any  election  in  this 
State,  either  nt  the  same  ])recinct  or  ward  or  at  different  precincts 
or  wards,  shall  be  fined  not  more  than  one  thousand  dollars  nor 
less  than  fifty  dollars,  imprisoned  in  the  State  prison  not  more 
than  five  years  nor  less  than  one  year,  and  disfranchised  and  ren- 
dered incapable  of  holding  any  office  of  trust  or  profit  for  any  de- 
terminate period.  (R.  S.  1901,  §2326;  R.  S.  1897,  §2366;  R.  S. 
1894,  §2326;  R.  S.  1881,  §2183.) 


96  ©BNBRAL    LJLWl 

[1889,  p.  267.     Approved  March  9,  1889.     In  force  May  10,  1889.] 

177.  Bribery  to  Secure  Nomination. 

1.  Any  person  being  a  candidate  for  nomination  to  any  office 
of  profit  or  trust  under  the  Constitution  or  laws  of  this  State,  or 
of  the  United  States,  before  any  convention  held  by  any  political 
party,  or  at  any  primary  election,  who  loans,  pays  or  gives,  or 
promises  to  loan,  pay  or  give  any  money  or  other  thing  of  value  to 
any  delegate  or  elector,  or  any  other  person,  for  the  purpose  of 
securing  the  vote  or  influence  of  such  delegate,  elector  or  person  for 
his  nomination,  and  whoever  hires  or  otherwise  employs  for  con- 
sideration any  person  to  work  for  the  nomination  of  any  person 
to  any  office,  or  to  work  for  the  selection  of  any  delegate  to  be 
chosen  at  any  party  convention  or  primary  election,  shall,  upon 
conviction  thereof,  be  fined  in  any  sum  not  more  than  five  hun- 
dred dollars,  and  disfranchised  and  rendered  incapable  of  hold- 
ing any  office  of  profit  or  trust  within  this  State  for  any  deter- 
minate period,  and  if  nominated  shall  be  ineligible  to  hold  such 
office.  (K.  S.  1901,  §2827;  K.  S.  1S97,  §2367;  K.  S.  1894, 
§2327;  E.  S.,  §319.) 

178.  Bribing  Voter. 

2.  Whoever,  being  a  candidate  for  any  office,  loans  or  gives, 
directly  or  indirectly,  or  offers  or  promises  to  loan  or  give  any 
money  or  other  thing  of  value  to  any  elector  for  the  purpose  of 
influencing  or  retaining  the  vote  of  such  elector,  or  to  induce 
such  elector  to  work  or  labor  for  the  election  of  such  candidate,  or 
to  refrain  from  working  or  laboring  for  the  election  of  any  other 
candidate,  or  to  any  person,  to  secure  or  to  retain  the  influence  or 
vote  of  such  elector  in  his  behalf  as  such  candidate,  or  to  be  used 
by  such  person  in  any  way  to  influence  the  vote  of  any  elector,  or 
of  electors  generally,  for  himself  or  any  candidate  or  ticket,  and 
whoever  hires  or  otherwise  employs  for  consideration  any  per- 
son to  work  at  the  polls  on  election  day  for  the  election  of  any 
candidate  to  be  voted  for  at  such  election,  shall  be  fined  in  any 
sum  not  more  than  one  thousand  nor  less  than  three  hundred  dol- 
lars, and  shall  be  disfranchised  and  rendered  incapable  of  holding 
any  office  of  profit  or  trust  within  this  State  for  any  determinate 
period,  and  a  violation  of  any  provision  of  this  section  by  any 
person  elected  to  such  office  shall  render  his  election  void,  and  if 
he  has  taken  the  office,  upon  conviction  shall  operate  as  a  vacation 
of  the  same.  (E.  S.  1901,  §2328;  R  S.  1897,  §2368;  K.  S. 
1894,  §2328;  E~.  S.,  §320.) 

179.  Ground  of  Challenge— Affidavit. 

5.  At  any  election  held  under  and  pursuant  to  any  law  of 
this  State,  it  shall  be  a  ground  of  challenge  that  any  person  offer- 


CONCEBIflNO    BLKCTIONl. 


97 


ing  to  vote  has  used  or  attempted  to  use  money  or  other  means  to 
buy,  hire  or  induce  any  elector  to  vote  or  refrain  from  voting  for 
any  candidate  or  candidates,  or  has  advised,  counseled  or  suggested 
bribery  of  any  elector  or  electors  at  any  such  election,  whether  the 
same  has  been  acted  on  or  not;  or  has  sold  or  offered  to  sell  his 
vote  for  any  candidate  or  candidates,  at  any  such  election.  And 
when  so  challenged  such  elector  shall  not  be  permitted  to  vote 
until  he  has  taken  and  subscribed  the  following: 

State  of  Indiana,       ) 

County,  j 

I, do  solemtily  swear  (or  affirm)  that  I  have  not 

used  or  attempted  to  use  any  money  or  other  means  to  buy,  hire  or 
induce  any  person  or  persons  to  vote  or  refrain  from  voting,  or  to 
remain  away  from  the  polls  at  this  election;  and  that  I  have  not 
counseled,  advised,  suggested  or  procured  any  person  or  persons 
to  bribe  any  elector  or  electors  to  vote  for  any  candidate  or  candi- 
dates^ or  to  refrain  from  voting,  or  to  remain  away  from  the  polls 
at  this  election,  and  that  I  have  not  sold  or  offered  to  sell  my 
vote,  either  directly  or  indirectly,  at  this  election. 

Subscribed  and  sworn  to  before  me  this    day  of 

,18.. 


(R.  S.  1901,  §2331;  R.  S.  1897,  §2371;  R.  S.  1894,  §2331; 
E.  S.,  §323.) 

180.  False  Affidavit. 

6.  Whoever  shall  wilfully  or  knowingly  make  a  false  affida- 
vit under  this  Act  shall  be  guilty  of  perjury  and  punished  accord- 
ingly. All  affidavits  made  under  the  preceding  sections  shall  be 
filed  with  the  Board  of  Election  and  preserved  by  such  Board  in 
the  manner  as  other  similar  affidavits  and  papers  are  preserved. 
(R.  S.  1901,  §2332;  R.  S.  1897,  §2372;  R.  S.  1894,  §2332;  E. 
S.,  §324.) 

1.     Section  7  repeals  Sections  1,  2,  3  and  5  of  Acts  of  March  17,  1885 
(1885,  page  93).     The  same  section  repeals  2184  and  2185  of  R.  S.  1881. 

181.  Ballot  Box  Breaking — Altering  Returns. 

8.  Any  person  not  duly  authorized  by  law  who  shall,  dur- 
ing the  progress  of  any  election  in  this  State,  or  after  the  closing 
of  the  polls  and  before  the  ballots  are  counted  and  result  ascer- 
tained, or  within  six  months  thereafter,  break  open  or  violate  the 
seals  or  locks  of  any  ballot  box,  paper  envelope  or  bag  in  which 
ballots  have  been  deposited  at  or  after  such  election,  or  who  shall 
obtain  possession  of  such  ballot  box,  paper  envelope  or  bag  con- 
taining such  ballots,  and  cancel,  withhold  or  destroy  the  same,  or 
7 


98  GENEEAL    LAWS 

who  shall  fraudulently  or  forcibly  add  to  or  diminish  the  number 
of  ballots  legally  deposited  therein,  or  who  shall  fraudulently  make 
any  erasure  or  alteration  of  any  kind  upon  any  tally  sheet,  poll 
book,  list  of  voters  or  election  return  deposited  therein,  shall  be 
fined  in  any  sum  not  more  than  one  thousand  nor  less  than  five 
hundred  dollars,  and  imprisoned  in  the  State  prison  not  more  than 
ten  nor  less  than  two  years,  and  disfranchised  and  rendered  in- 
capable of  holding  any  office  of  profit  or  trust  in  this  State  for 
any  determinate  period.  (E.  S.  1901,  §2333  ;  E.  S.  189Y,  §2373  ; 
E.  S.  1894,  §2333;  E.  S.,  §326.) 

[1881,  p.  174.     Approved  April  14,  1S81.     In  force  September  19,  1881.] 

182.  Fraud  by  Officer. 

2T0.  Whoever,  being  a  Township  Trustee,  Inspector,  Judge 
of  election,  or  Clerk  of  election,  takes  out  of  the  ballot  box  any 
ballot  legally  deposited  therein,  for  the  purpose  of  destroying  the 
same  or  substituting  another  in  its  place,  or  after  the  same  has 
been  legally  taken  out,  intentionally  destroys  or  misplaces  the 
same  with  the  intent  to  substitute  another  ballot  therefor,  or 
Avith  the  intent  to  prevent  the  same  from  being  counted  at  such 
election ;  or  knowingly  enters  upon  the  poll  books  the  name  of  any 
person  who  has  not  legally  voted  at  such  election ;  or  intentionally 
tallies  any  vote  to  any  candidate  not  voted  for  by  such  ballot;  or 
permits  any  one  of  these  acts  to  be  done, — shall  be  fined  not  more 
than  one  thousand  dollars  nor  less  than  fifty  dollars,  imprisoned  in 
the  State  prison  not  more  than  five  years  nor  less  than  one  year, 
and  disfranchised  and  rendered  incapable  of  holding  any  office  of 
trust  for  anv  determinate  period.  (II.  S.  1901,  §2334;  E.  S. 
1897,  §2374;  E.  S.  1894,  §2334;  E.  S.  1881,  §2186.) 

183.  Altering  Returns. 

271.  Any  Township  Trustee,  Inspector  or  any  person  acting 
for-  or  on  behalf  of  any  Trustee  or  Inspector  while  forming  a 
Board  of  Canvassers  or  before  the  canvassing  of  any  Board  of 
Canvassers  or  after  the  adjournment  of  any  Board  of  Canvassers, 
who  shall,  with  intent  to  cheat  and  defraud,  alter  any  election  re- 
turn as  made  by  the  Election  Board  of  any  voting  precinct,  either 
by  increasing  the  vote  of  any  candidate  or  reducing  the  same ;  or 
shall  intentionally  destroy,  misplace,  or  lose  any  poll  book  or  tally 
sheet;  or  any  Clerk  of  Court,  who  shall,  with  intent  to  cheat  and 
defraud,  change  or  alter  in  any  way  the  vote  of  any  candidate  as 
returned  by  the  Board  of  Canvassers ;  or  any  such  Trustee,  In- 
spector, Clerk,  or  Deputy  Clerk,  or  other  ])erson  acting  for  such 
persons  who  shall  consent  to  the  same  being  done,  or  who  shall 
permit  the  same  to  be  done, — shall  be  fined  not  more  than  one 
thousand   dollars  nor  less  than  fifty   dollars,   imprisoned   in  the 


CONCERNING    ELECTIONS.  99 

State  prison  not  more  than  five  years  nor  less  than  one  year,  and 
disfranchised  and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  any  determinate  period.  (R.  S.  1901,  §2335;  R.  S. 
1897,  §2375;  R.  S.  1894,  §2335 ;  R.  S.  1881,  §2187.) 

184.  Refusing  to  Receive  Vote. 

272.  Whoever,  being  an  Inspector  or  Judge  of  any  election 
held  within  this  State,  knowingly  and  wilfully,  or  corruptly,  re- 
fuses or  neglects  to  receive  the  vote  of  any  legal  voter  at  any 
election  held  within  this  State,  shall  be  fined  not  more  than  five 
hundred  dollars  nor  less  than  fifty  dollars,  and  disfranchised  and 
rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any 
determinate  period.  (R.  S.  1901,  §2336;  R.  S.  1897,  §2376;  R. 
S.  1894,  §2336;  R.  S."  1881,  §2188.) 

185.  Officer  Persuading  Voter. 

273.  Whoever,  being  an  Inspector,  Judge,  or  Clerk  of  an 
election,  attempts  to  induce,  by  persuasion,  menace,  or  reward,  or 
promise  thereof,  any  elector  to  vote  for  any  person,  shall  be  fined 
not  more  than  one  hundred  dollars  nor  less  than  ten  dollars.  (R. 
S.  1901,  §2337;  R.  S.  1897,  §2377;  R.  S.  1894,  §2337;  R.  S. 
1881,  §2189.) 

186.  Officer  Opening  or  Marking  Ticket. 

274.  Whoever,  being  a  Judge,  Inspector,  Clerk,  or  other 
officer  of  an  election,  opens  or  marks,  by  folding  or  othenvise,  any 
ticket  presented  by  such  elector  at  such  election;  or  attempts  to 
find  out  the  names  thereon ;  or  suffers  the  same  to  be  done  by  any 
other  person  before  such  ticket  is  deposited  in  the  ballot  box, — 
shall  be  fined  in  any  sum  not  more  than  one  hundred  dollars  nor 
less  than  ten  dollars,  and  disfranchised  and  rendered  incapable 
of  holding  any  office  of  trust  or  profit  for  any  determinate  period. 
(R.  S.  1901,  "§2338;  R.  S.  1897,  §2378;  R.  S.  1894,  §2338;  R. 
S.  1881,  §2190.) 

187.  Deceiving  Illiterate  Voter. 

275.  Whoever  furnishes  an  elector  who  can  not  read  the 
English  language,  at  any  election  held  pursuant  to  law,  with  a 
ticket  which  such  person  shall  repr^feent  to  such  elector  as  con- 
taining a  name  different  from  the  one  printed  or  written  thereon, 
shall  be  fined  not  more  than  one  hundred  dollars  nor  less  than  ten 
dollars,  and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  trust  or  profit  for  anv  determinate  period.  (R.  S.  1901, 
§2339;  R.  S.  1897,  §2e379 ;"  R.  S.  1894,  §2339;  R.  S.  1881, 
§2191.) 


100^  aENERAL    LAWS 

188.  Defrauding  Voter. 

276.  Whoever  fraudulently  causes  or  attempts  to  cause  anv 
elector,  at  any  election  held  pursuant  to  law  in  this  State,  to  vote 
for  a  person  different  from  the  one  he  intended  to  vote  for,  shall 
be  fined  not  more  than  one  hundred  dollars  nor  less  than  ten  dol- 
lars. (K.  S.  1901,  §2340;  K.  S.  1897,  §2380;  R  S.  1894, 
§2340;  R  S.  1881,  §2192.) 

189.  Using  Violence,  Threats  or  Restraint. 

277.  Whoever,  for  the  purpose  of  influencing  a  voter,  seeks, 
by  violence  or  threats  of  violence  or  threats  to  enforce  the  pay- 
ment of  a  debt;  or  to  eject  or  threatens  to  eject  from  any  house 
he  may  occupy;  or  to  begin  a  criminal  prosecution;  or  to  injure 
the  bu.siness  or  trade  of  an  elector ;  or,  if  an  employer  of  laborers 
or  an  agent  of  such  employer,  threatens  to  withhold  the  wages  of 
or  to  dismiss  from  service  any  laborer  in  his  employment ;  or  re- 
fuses to  allow  to  any  such  employe,  time  to  attend  at  the  place  of 
election  and  vote, — shall  be  fined  not  more  than  one  thousand  dol- 
lars, nor  less  than  twenty  dollars,  imprisoned  in  the  State  prison 
not  more  than  five  years  nor  less  than  one  year,  and  disfranchised 
and  rendered  incapable  of  holding  any  office  of  trust  or  profit  for 
anv  determinate  period.  (R  S.  1901,  §2341 ;  R  S.  1897,  §2381 ; 
R^S.  1894,  §2341;  R  S.  1881,  §2193.) 

190.  Seizing  Ballot  Box. 

278.  Whoever,  at  any  election,  unlawfully,  either  by  force, 
fraud,  or  other  improper  means,  obtains  or  attempts  to  obtain  pos- 
session of  any  ballot  box,  or  any  ballots  therein  deposited,  while 
the  voting  of  such  election  is  going  on  or  before  the  ballots  are 
duly  taken  out  of  such  ballot  box  and  counted  by  the  Election 
Board  according  to  law,  shall  be  fined  not  more  than  one  thousand 
dollars  nor  less  than  fifty  dollars,  imprisoned  in  the  State  prison 
not  more  than  five  years  nor  less  than  one  year,  and  disfranchised 
and  rendered  incapable  of  holding  any  office  of  trust  or  profit  for 
any  determinate  period.  (R.  S.  1901^  §2342  ;  E.  S.  1897,  §2382  ; 
R  S.  1894,  §2342;  R.  S.  1881,  §2194.) 

191.  Destroying  Ballot  Box  or  Ballots. 

279.  Whoever  unlawfully  destroys  or  attempts  to  destroy 
any  ballot  box  used,  or  any  ballot  or  vote  deposited,  or  any  poll 
book  kept  at  any  election,  shall  be  fined  not  more  than  one  thou- 
sand dollars  nor  less  than  fifty  dollars,  imprisoned  in  the  State 
prison  not  more  than  five  years  nor  less  than  one  year,  and  dis- 
franchised and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  anv  determinate  period.  (R.  S.  1901,  §2343 ;  R.  S. 
1897,  §2383;  R  S.  1894,  §2343;  R  S.  1881,  §2195.) 


CONCERNING    ELECTIONS.  101 

192.  Inducing  Voters  to  Re-sign  Petition. 

280.  Whoever,  by  persuasion,  menace,  or  reward,  or  prom- 
ise thereof,  induces  or  attempts  to  induce  any  legal  voter  ef  any 
county  to  re-sign  any  written  or  printed  petition  for  the  re-loca- 
tion of  the  county-seat  of  any  county  or  any  remonstrance  against 
such  re-location,  shall  be  fined  not  more  than  five  hundred  dollars 
nor  less  than  ten  dollars,  to  which  may  be  added  imprisonment  in 
the  county  jail  not  more  than  six  months  nor  less  than  ten  days, 
and  he  shall  be  disfranchised  and  rendered  incapable  of  holding 
anv  office  of  trust  or  profit  for  any  determinate  period.  (R.  S. 
1901,  §2344;  R.  S.  1897,  §2384;  R.  S.  1894,  §2344;  R.  S.  1881, 
§2196.) 

193.  Selling  Signature  to  Petition. 

281.  Whoever,  being  a  legal  voter  of  any  county,  sells  or  bar- 
ters or  offers  to  sell  or  barter  for  money,  property,  or  thing  of 
value,  or  for  any  promise  or  hope  of  reward,  given  or  offered  by 
any  person,  his  signature  to  any  written  petition  for  the  re-location 
of  any  county-seat,  or  to  any  remonstrance  against  such  re-location, 
shall  be  fined  not  more  than  five  hundred  dollars  nor  less  than  ten 
dollars,  to  which  may  be  added  imprisonment  in  the  county  jail 
not  more  than  six  months  nor  less  than  ten  days,  and  he  shall  be 
disfranchised  and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  any  determinate  period.  (R.  S.  1901,  §2345 ;  R.  S. 
1897,  §2385;  R.  S.  1894,  §2345;  R.  S.  1881,  §2197.) 

194.  Fraud  at  Special  Election. 

282.  Whoever  votes  more  than  once  at  any  election  for  the 
re-location  of  any  county-seat,  or  for  aid  to  any  railroad,  either  at 
the  same  precinct,  or  at  different  precincts,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  in  any  sum 
not  more  tlian  fifty  dollars  nor  less  than  ten  dollars.  (R.  S.  1901, 
§2346;  R.  S.  1897,  §2386;  R.  S.  1894,  §2346;  R.  S.  1881, 
§2198.) 

195.  Buying  Vote  at  Special  Election. 

283.  Whoever  buys  or  offers  to  buy,  either  by  himself  or 
by  any  other  person,  or  furnishes  any  money  or  any  other  means 
to  be  used,  or  who  shall  permit  his  money  or  other  means  to  be 
used,  to  hire,  buy,  or  induce  any  person  to  vote  for  or  against 
the  removal  of  a  county  seat,  or  for  or  against  the  appropria- 
tion of  aid  to  any  railroad;  or  whoever  attempts  to  induce  any 
person  to  vote  for  or  against  such  removal  or  appropriation,  by 
offering  any  reward  or  favor, — shall  be  deemed  guilty  of  a  mis- 
demeanor. And  whoever,  being  a  voter  of  this  State,  sells  or  bar- 
ters or  offers  to  sell  or  barter,  for  any  money  or  property,  or  any 


■'J02  ,;     •/"  .''^^;\"    '  !   :>   .    '■    GENERAL    LAWS 

thing  of  value,  or  any  promise  or  hope  of  reward  given  or  offered 
by  any  person  or  persons,  his  vote  for  the  removal  or  for  the  re- 
location of  a  county  seat,  or  against  such  removal  or  re-location,  or 
against  such  appropriation  or  in  favor  of  such  appropriation  for 
said  railroad,  shall  be  deemed  guilty  of  a  misdemeanor.  And, 
upon  conviction  of  violating  any  provisions  of  this  section,  the  per- 
son so  offending  shall  be  fined  in  any  sum  not  more  than  one  hun- 
dred dollars  nor  less  than  twenty-five  dollars,  and  disfranchised 
and  rendered  incapable  of  holding  any  office  of  trust  or  profit  for 
any  determinate  period  not  exceeding  five  vears.  (R.  S.  1901, 
§2347;  R.  S.  189Y,  §2387;  R.  S.  1894,  §2347;  R.  S.  1881, 
§2199.) 

196.  Bribing  to  Procure  Election. 

284.  Whoever  gives  or  offers  a  bribe,  threat,  or  reward  to 
procure  his  election  to  any  office  under  the  Constitution  of  the 
laws  of  this  State,  shall  be  fined  not  more  than  one  thousand  dol- 
lars nor  less  than  fifty  dollars,  and  imprisoned  in  the  State  prison 
not  more  than  five  years  nor  less  than  one  year;  and  such  person 
so  offending,  if  elected  to  such  office,  shall  be  disqualified  from 
holding  office  during  the  term  for  which  he  may  have  been  elected, 
and  also  disfranchised  for  any  determinate  period.  (R.  S.  1901, 
§2348;  R.  S.  1897,  §2388  j^'R.  S.  1894,  §2348;  R.  S.  1881, 
§2200.) 

[Acts  1905,  p.  695.     Approved  March  10,  1905.] 

197.  Bribery  of  Election  Officers. 

478.  Whoever,  with  intent  to  corrupt  a  grand  or  petit  juror 
or  a  grand  or  petit  jury,  referee,  master-commissioner,  arbitrator, 
umpire,  commissioner,  to  sell  lands  or  to  make  a  partition  of 
lands,  appraiser  of  real  estate  or  personal  property,  county  com- 
missioner, mayor  of  a  city,  or  member  of  the  Common  Council 
or  other  officer  of  any  city,  or  Trustee  of  any  incorporated  town. 
Trustee  of  any  civil  or  school  to^vnship,  school,  city  or  town,  or 
any  Inspector,  Judge  or  Clerk  of  election,  or  to  influence  him  or 
them  with  respect  to  the  discharge  of  his  or  tbeir  duty,  either  be- 
fore or  after  he  or  they  are  summoned,  elected,  appointed  quali- 
fied or  sworn,  promises  or  offers  him  or  them  any  money  or  val- 
uable thing;  and  whoever,  either  before  or  after  he  is  summoned, 
elected,  appointed,  qualified  or  sworn  as  a  grand  or  petit  juror, 
referee,  master-commissioner,  arbitrator,  imipire,  commissioner  to 
sell  lands  or  to  make  partition  of  lands,  appraiser  of  real  estate 
or  personal  property,  county  commissioner,  mayor  of  a  city,  or 
member  of  the  Common  Council  or  other  officer  of  any  city, 
trustee  of  any  incorporated  town,  trustee  of  any  civil  or  school 


CONCERNING    ELECTIONS.  103 

township,  school  city  or  town,  or  Inspector,  Judge  or  Clerk  of 
election,  solicits  or  accepts  any  money  or  other  valuable  thing 
to  influence  him  with  respect  to  the  discharge  of  his  duties  as 
such,  shall,  on  conviction,  be  imprisoned  in  the  State  prison  not 
less  than  two  years  nor  more  than  fourteen  years,  fined  not  ex- 
ceeding one  thousand  dollars,  and  disfranchised  and  rendered 
incapable  of  holding  any  office  of  trust  or  profit  for  any  de- 
terminate period.     (R.  S.  1905,  §2123.) 

[Acts  1005,  p.  717.     Approved  March  10,  1905.] 

198.  Betting  on  Elections. 

561.  Whoever  makes  any  bet  or  wager,  or  sells  or  pur- 
chases any  pools  on  the  results  of  any  election  held  under  the 
laws  of  this  State,  or  upon  the  result  of  any  State  election,  or 
upon  the  election  of  any  person  to  any  office,  post  or  situation, 
or  upon  the  election  of  President  or  Vice-President  of  the  United 
States,  or  of  Senators  or  Representatives  in  Congress,  or  of  any 
elector  of  President  or  Vice-President  of  the  United  States,  or 
sells  or  purchases  any  pools  on  the  result  of  any  horse  race,  or 
trial  of  speed  between  men  or  animals,  or  of  any  game,  shall, 
upon  conviction,  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars,  to  which  may  be  added  imprisonment  in 
the  county  jail  not  less  than  ten  days  nor  more  than  three  months. 
(R.  S.  1905,  §2205.) 

[Acts  1905,  p.  71G.     Approved  March  10,  1905.] 

199.  Inducing^  Minor  to  Bet  on  Elections. 

559.  Whoever,  being  an  adult,  by  any  device  or  pretense, 
entices  any  person  under  the  age  of  twent}^-one  years,  knowing 
such  person  to  be  a  minor,  to  engage  in  any  game  whatever  for 
money  or  property  of  any  value,  or  plays  or  bets  at  or  upon  any 
game  or  wager,  or  upon  the  result  of  any  game  or  election,  with 
a  minor,  knowing  him  to  be  such,  shall,  on  conviction,  be  fined 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars,  to 
which  may  be  added  imprisonment  in  the  county  jail  not  less  than 
thirty  days  nor  more  than  one  year.     (R.  S.  1905,  §2203.) 

[Acts  1005.  p.  721.     Approved  March  10,  1905.] 

200.  Liquor — Sellings  on  Election  Day. 

579.  Whoever  shall  sell,  barter  or  give  away,  to  be  drunk 
as  a  beverage,  any  spirituous,  vinous,  malt,  or  other  intoxicating 
liquors,  upon  Sunday,  the  Fourth  of  July,  the  first  day  of  Jan- 
nary,  the  twenty-fifth  day  of  December,  commonly  called  Christ- 
mas, Thanksgiving  day  as  designated  by  proclamation  of  the  Gov- 
ernor of  this  State,  or  the  President  of  the  United  States,  or 
any  legal  holiday,  or  upon  the  day  of  any  State,  county,  town- 


104  GENERAL    LAWS 

ship,  primary  or  municipal  election  in  the  township,  town  or 
city  where  the  same  may  be  holden,  or  between  the  hours  of 
eleven  o'clock  p.  m.  and  five  o'clock  a.  m.,  shall,  on  conviction, 
be  fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  to 
which  may  be  added  imprisonment  in  the  county  jail  or  work- 
house not  less  than  ten  days  nor  more  than  sixty  days.  (R.  S. 
1905,  §2226.) 

[Acts  1905,  p.  722.     Approved  March  10,  1905.] 

201.  Druggist  Selling  Liquor  on  Election  Day. 

580.  It  shall  be  unlawful  for  any  druggist  or  druggist's 
clerk  to  sell,  barter,  or  give  away  any  spirituous,  vinous,  malt 
or  other  intoxicating  liquor  on  Sunday,  or  upon  the  Fourth  of 
July,  the  first  day  of  January,  the  twenty-fifth  day  of  Decem- 
ber, commonly  called  Christmas,  Thanksgiving  day,  or  any  legal 
holiday,  or  upon  the  day  of  any  State,  county,  township,  primary 
or  municipal  election  in  the  township,  town  or  city  where  the 
same  may  be  holden,  or  between  the  hours  of  eleven  o'clock  p.  m. 
and  five  o'clock  a.  m.  of  any  day,  unless  the  person  to  whom  the 
same  is  sold,  bartered  or  given  shall  have  first  procured  a  written 
prescription  therefor  from  some  regular  practicing  physician  of 
the  county  where  the  -same  is  sold,  bartered  or  given  away.  And 
any  person  so  offending  shall,  on  conviction,  be  fined  not  less 
than  ten  dollars  nor  more  than  fifty  dollars,  to  which  may  be 
added  imprisonment  in  the  county  jail  or  workhouse  not  less 
than  ten  days  nor  more  than  sixty  days.     (R.  S.  1905,  §2227.) 

[Acts  1905.  p.  481.     Approved  March  0,  1905.] 

202.  Penalty  for  Selling  or  Offering  to  Sell  Vote. 

2.  AYhoever  sells,  barters,  or  offers  to  sell  or  barter  hi.^ 
vote  or  offers  to  refrain  from  voting  for  any  candidate  for  any 
office  to  be  voted  for  at  any  election  held  in  this  State,  either 
for  any  money  or  property  or  thing  of  value  or  for  any  promise 
or  favor  or  hope  of  reward,  given  or  offered  by  any  candidate  to 
be  voted  for  at  any  election  held  in  this  State  or  by  any  other 
person  or  persons,  shall  be  fined  in  any  sum  not  more  than  fifty 
dollars  and  disfranchised  and  rendered  incapable  of  holding  any 
ofiice  of  trust  or  profit  for  a  period  of  ten  years  from  the  date  of 
such  conviction.     (R.  S.  1905,  §2279.) 

[Acts  1905,  p.  481.     Approved  Marcli  0.  1905. J 

203.  Penalty  for  Buying  Votes. 

1.  That  whoever,  directly  or  indirectly,  hires,  buys  or  of- 
fers to  hire  or  buy,  or  furnish  any  money  or  other  means  to  be 


CONCERNING    ELECTIONS.  105 

used,  or  directs  or  permits  his  money  or  other  means  to  be  used, 
or  handles  any  money  or  other  means,  knowing  the  same  to  be 
used  to  induce,  hire,  or  buy  any  person  to  vote  or  refrain  from 
voting  any  ticket  or  for  any  candidate  for  any  office,  to  be  voted 
for  at  any  election  held  in  this  State ;  or  whoever  attempts  to  in- 
duce any  person  to  vote  or  to  refrain  from  voting  for  any  can- 
didate for  any  office  to  be  voted  for  at  any  election  held  pur- 
suant to  law  or  at  any  primary  held  in  this  State,  by  offering  sucli 
person  any  reward  or  favor,  shall  be  fined  in  any  sum  not  more 
than  fifty  dollars  and  disfranchised  and  rendered  incapable  of 
holding  any  office  of  trust  or  profit  for  a  period  of  ten  years 
from  the  date  of  such  conviction.     (R.  S.   1905,  §2278.) 

[Acts  1905,  p.  482.     Approved  March  6,  1905.] 

204.  Witnesses. 

3.  Any  person  called  as  a  witness  to  testify  against  an- 
other for  the  violation  of  any  of  the  provisions  of  sections  one 
or  two  of  this  act,  is  a  competent  witness  to  prove  the  offense, 
although  he  may  have  been  concerned  as  a  party,  and  he  shall 
be  compelled  to  testify  as  other  witnesses,  but  such  evidence  shall 
not  be  used  against  him  in  any  prosecution  for  such  or  any  other 
offense  growing  out  of  matters  about  which  he  testifies,  and  he 
shall  not  be  liable  to  trial  by  indictment  or  information  or  pun- 
ished for  such  offense.     (R.  S.  1905,  §2280.) 

[Acts  3905,  p.  482.     Approved  March  6,  1905.] 

205.  Repeal. 

4.  That  the  act  entitled  "An  act  to  procure  the  purity  of 
general,  special  and  primary  elections  and  conventions,  prescrib- 
ing punishment  for  the  violation  thereof,  and  reward  for  con- 
viction of  violations  of  the  provisions  thereof,  and  to  repeal  sec- 
tions three  (3),  four  (4),  five  (5)  and  six  (6)  of  an  act  entitled 
^An  act  concerning  elections  and  nominating  conventions,  to  main- 
tain political  purity  and  prescribing  punishment  for  any  viola- 
tion thereof,'  approved  March  9,  1889,  and  an  act  entitled  ^An 
act  to  secure  the  purity  and  freedom  of  the  ballot  and  to  re- 
peal Sections  one  (1),  two  (2),  three  (3)  and  five  (5)  of  an  act 
entitled  'An  act  to  protect  the  ballot  box,  to  procure  fair  elec- 
tions, to  prevent  the  purchase  or  sale  of  votes,  to  provide  means 
of  proving  such  offenses,  prescribing  the  penalty  therefor  and 
repealing  Sections  268  and  269  of  an  act  concerning  public  of- 
fenses and  their  punishment,  approved  April  14,  1881,  beins: 
Sections  2184  and  2185  of  the  revised  statutes  of  1881,  and 
repealing  all  laws   and  parts   of  laws  in  conflict  with   the  pro- 


106  GENERAL   LAWS 

visions  of  this  act,  approved  March  9,  1889,  and  an  act  con- 
cerning public  offenses  and  their  punishment,  approved  March 
8,  1897,  and  all  laws  and  parts  of  laws  in  conflict  with  the  pro- 
visions of  this  act,  approved  March  4,  1899,  be  and  the  same 
is  hereby  repealed.     (R.  S.  1905,  §2281.) 

206.    Repealed. 

See  Acts  1905,  p.  482. 


CONCERNING    ELECTIONS.  107 


CHAPTER  4. 

SEC. 

207. 
208. 
209. 
210. 
211. 
212. 

ELECTORS— PRESIDENTIAL. 

SEC. 

When  chosen.                                               213.    Deputy    Marshals— Vacancies. 

Notice— How  and  by  whom  given.           214.    Duties  of  Marshals  and  Secretaries 

Certificate  to  Marshal.                                             of   State. 

Return-districts.                                           215,    Meetinj?  of   Electors— Vacancies. 

Duty  of  Governor.                                        216.    Vote  of  Electors, 

Affidavit  of  Marshal.                                 217.    Pay  of  Electors  and  Marshals. 

[1  R.  S.  1852,  p.  516.     Approved  May  20,  1852.     In  force  May  6,  1853.] 

207.  When  Chosen. 

1.  The  qualified  electors  of  the  State  shall,  on  Tuesday 
following  the  first  Monday  in  ]N"ovember,  in  the  year  1852,  and  on 
Tuesday  following  the  first  Monday  in  N'ovember  in  every  fourth 
year  thereafter,  elect  Electors  of  President  and  Vice-President 
of  the  tlnited  States;  which  election  shall,  in  all  respects,  be  gov^- 
erned  by  the  law  regulating  general  elections.  (R.  S.  1901, 
§6340;  R.  S.  1897,  §6642;  R.  S.  1894,  §6340;  R.  S.  1881, 
§4769.) 

208.  Notice — How  and  by  Whom  Given. 

2.  The  Sheriff  of  each  county  shall  give  notice  of  the 
time  of  holding  such  elections,  together  with  the  number  of 
Electors  to  be  elected,  by  publishing  such  notice  in  some  news- 
paper within  the  county,  or  by  written  or  printed  notices  to  be 
set  up  at  the  usual  places  of  holding  elections  in  the  respective 
townships,  at  least  twenty  days  preceding  the  time  of  holding 
such  elections.  (R.  S.  1901,  §6341  ;.R.  S.  1897,  §6643;  R.  S. 
1894,  §6341;  R.  S.  1881,  §4770.) 

209.  Certificate  to  Marshal. 

3.  Boards  of  elections  in  the  several  townships  or  precincts 
shall  make  out  certificates,  under  their  hands,  certifying  in  words, 
the  number  of  votes  that  each  person  received  for  Elector;  and 
the  same  shall  be*  attested  by  the  clerks  of  said  election,  sealed 
in  the  presence  of  such  judges,  and  put  into  the  hands  of  the 
selected  judges,  who  shall,  on  the  ensuing  Thursday,  deliver  the 
same  to  the  Clerk  of  the  Circuit '  Court,  or,  in  his  absence,  to 
his  deputy,  or  in  their  absence,  to  the  Sheriff,  who  shall  in  the 
presence  of  such  judges  in  attendance,  between  the  hours  of 
twelve  iand'six,  of  said  day,  compare  the  different  returns,  and 
make  out,  in  words,  a  certificate  of  t^e  number  of  votes  each 
cnnrlidate  for  Elector  received  in  the  county;  which  certificate 
shall  be  signed  by  the  Clerk,  deputy,  or  Sheriff  officiating,  and 


108  GENERAL    LAWS 

be  sealed  with  the  seal  of  the  Circuit  Court  of  the  county,  and 
delivered  by  such  Clerk,  deputy,  or  Sheriff  to  the  Marshal  ap- 
pointed to  convey  the  same  to  the  seat  of  government.  (R.  S. 
1901,  §6342;  R.  S.  1897,  §6644;  R.  S.  1894,  §6342;  R.  S. 
1881,  §47.71.) 

210.  Return-Districts. 

4.  Each  congres'sional  district  shall  compose  one  return- 
district,  and  shall  be  numbered  as  the  districts  are  numbered 
when  the  votes  are  taken.  (R.  S.  1901,  §6343;  R.  S.  1897, 
§6645;  R.  S.  1894,  §6343;  "  R.  S.  1881,  §4772.) 

211.  Duty  of  Governor. 

5.  The  Governor  shall,  before  the  first  day  of  October  in 
each  year  in  which  such  election  is  to  be  held,  appoint  some 
citizen  in  each  district  as  Marshal,  who  shall  hold  his  office  until 
the  duties  required  of  him  by  this  Act  are  performed.  (R.  S. 
1901,  §6344;  R.  S.  1897,  §6646;  R.  S.  1894,  §6344;  R.  S.  1881, 
§4773.) 

212.  Affidavit  of  Marshal. 

6.  Each  Marshal,  before  the  first  Monday  in  November 
following,  shall  make  an  affidavit  on  the  back  of  his  appointment 
that  he  will,  without  fraud  or  delay,  perform  the  duties  required 
of  him  by  this  Act.  (R.  S.  1901,  §6345 ;  R.  S.  1897,  §6647 ;  R. 
S.  1894,  §6345;  R.  S.  1881,  §4774.) 

213.  Deputy  Marshals — Vacancies. 

7.  Such  Marshals  may  appoint  deputies,  who  shall  make 
the  same  affidavit  on  the  back  of  their  appointment  as  is  required 
of  Marshals ;  and  vacancies  occurring  in  the  office  of  Marshal,  by 
removal  from  the  State  or  otherwise,  shall  be  filled  by  the  Judge 
of  the  Circuit  Court  of  the  county  in  which  such  Marshal  resided. 
(R.  S.  1901,  §6346;  R.  S.  1897,  §6648 ;  R.  S.  1894,  §6346;  R.  S. 
1881,  §4775.) 

214.  Duties  of  Marshal  and  Secretary  of  State. 

8.  Each  Marshal  or  his  deputy  shall  visit  the  county-seats 
of  the  counties  in  his  district,  receive  the  returns  thereof  from 
the  Clerks,  deputies,  or  Sheriffs  officiating,  and  deliver  the  same, 
on  the  fourth  Monday  in  I^ovember  following,  between  the  hours 
of  nine  and  eleven  of  said  day,  to  the  Secretary  of  State,  who, 
in  the  presence  of  the  Governor  and  all  the  Marshals  in  at- 
tendance, between  the  hours  of  twelve  and  six  o'clock  on  said 
day,  shall  compare  such  certificates  and  read  aloud  the  num- 
ber of  votes  each  person  has  received,  and  make  out  an  ab- 
stract of  the  persons   voted  for,   and   the  number,   in  words,   of 


«ONCBKNIN«    SLBGTIONS.  lOd 

votes  given  to  each;  and  the  Governor  shall  forthwith  make  out 
and  transmit,  by  mail,  to  the  persons  having  the  highest  number 
of  votes,  certificates  of  their  election.  But,  if  more  than  the 
number  of  persons  to  be  elected  have  the  greatest  and  an  equal 
number  of  votes,  then  the  election  of  those  having  an  equal  num- 
ber of  votes  shall  be  determined  by  lot,  drawn  by  the  Secretary 
of  State  in  the  presence  of  the  Govenior  and  Marshals.  (R.  S. 
1901,  §6347;  R.  S.  1897,  §6649;  R.  S.  1894,  §6347;  R.  S.  1881, 
§4776.) 

215.  Meeting  of  Electors — Vacancies. 

9.  Such  Electors  shall  assemble  in  the  chamber  of  the  House 

of  Representatives,  on  the  first  Monday  in  December,  or  such 

other  day  as  may  be  fixed  by  Congress  to  elect  such  President  and 

Vice-President,  at  the  hour  of  ten  o'clock  a.  m.,  and  the  Governor 

shall  then  and  there  deliver  to  the  Electors  present  a  certificate 

of  the  names  of  all  the  Electors ;  and  if  any  Elector  fail  to  appear 

before  eleven  in  the  morning  of  said  day,  the  Electors  present  shall 

by  ballot,  by  a  majority  of  all  present,  fill  such  vacancy;  which 

election  shall  be  forthwith  certified  by  a  majority  of  the  Electors 

to  the  Governor,  who  shall  immediately  notify  such  person  of  his 

election.     (R.  S.  1901,  §6348;  R.  S.'^1897,  §6650;  R.  S.  1894, 

§6348;  R.  S.  1881,  §4777.) 

1.  By  an  Act  of  Congress  the  Electors  meet  now  on  the  second  Mon- 
day in  January  next  following  their  appointment  (or  election)  at  the  place 
where  the  Legislature  meets.     2  R.  S.  U.  S.,  p.  527;  24  U.  S.  at  Large  373. 

216.  Vote  of  Electors. 

10.  Such  Electors  when  so  assembled,  and  such  vacancies 
are  so  filled,  shall  then  and  there  proceed  to  vote,  by  ballot,  for 
President  and  Vice-President  of  the  United  States,  and  perform 
the  duties  required  bv  the  Constitution  and  laws  of  the  United 
States.  (R.  S.  190f,  §6349;  R.  S.  1897,  §6651;  R.  S.  1894, 
§6349;  R.  S.  1881,  §4778.) 

217.  Pay  of  Electors  and  Marshals. 

11.  The  compensation  of  such  Electors  and  Marshals  shall 
be  audited  by  the  Auditor  of  State,  and  paid  by  the  State  Treas- 
urer out  of  any  moneys  not  otherwise  appropriated,  as  follows, 
to. wit:  Such  Electors  as  attend  shall  receive  the  same  per  diem 
and  mileage  as  members  of  the  General  Assembly ;  each  Marshal 
shall  be  allowed  ten  cents  for  every  mile  he  shall  travel  in  collect- 
ing said  returns,  and  in  going  to  and  from  the  seat  of  government, 
to  be  computed  by  the  nearest  and  most  usual  route  from  county- 
seat  to  county-seat,  and  to  the  seat  of  government  to  and  from  the 
countv-seat  of  the  county  in  wliioli  ho  ro>^idcs.  (R.  S.  1901, 
§6350:  R.  S.  |.S07,  ^cr.nS;  K.  S.  IMDl,  §6350;  K.  S.  1««1, 
§1779. "i 


110  GENERAL    LAWS 


CHAPTER  5. 


VOTING  WITH  MACHINES. 


218. 

Commission. 

234. 

Recording  roll. 

219. 

Examine  macliines— Report. 

235. 

Custody    of   Keys. 

220. 

Construction  and  assignment  of  ma- 

236. 

Laws  applicable. 

cliines. 

237. 

Officers  neglect  of  duty,  penalties. 

221. 

Purcliasing  macliines. 

238. 

Injuring   machine  or   ballots. 

222. 

Paying  for  macliines. 

239. 

False  affidavit. 

Using  distingTiishing  marks,   penal- 

223. 

Bribing  County  Commissioners. 

240. 

224. 

School  Commissioners. 

ties. 

225. 

Election  rooms. 

241. 

Officers    tampering    with    machine 

226. 

Illiterate  voters. 

penalty. 

227. 

Ballot  label. 

242. 

False  returns,  penalty. 

228. 

Sample  ballot. 

243. 

Cities    and    towns    may     use     ma 

229. 

Duties  of  the  Inspector. 

chines. 

230. 

Irregular  ballots. 

244. 

Experimental  use. 

231. 

Conduct  of  voter. 

245. 

Printing  ballots,  when. 

232. 

Announcement  of  result. 

246. 

Laws  repealed. 

233. 

Locking   machines. 

[Acts  1901,  p.  591.     Approved  and  in  force  March  15,  1901. J 

218.  Commission. 

1.  There  is  hereby  constituted  a  body  to  be  known  as  the 
Indiana  Voting  Machine  Commission.  It  shall  consist  of  three 
members,  competent  and  responsible  persons,  one  of  whom  shall 
be  a  mechanical  expert,  not  more  than  two  of  whom  shall  be  mem- 
bers of  the  same  political  party,  and  none  of  whom  shall  have  any 
pecuniary  interests  in  any  voting  machine.  Their  term  of  office 
shall  be  four  years  from  the  date  of  appointment.  They  and  their 
successors  shall  be  appointed  by  the  Governor,  who  shall  have 
power  to  remove  a  Commissioner  at  any  time  and  to  fill  all  vacan- 
cies. The  first  Commissioner  shalLbe  appointed  within  thirty  days 
after  the  taking  effect  of  this  act.  The  Commissioners  shall  qual- 
ify by  taking  an  oath  in  writing,  to  support  the  Constitution  of  the 
United  States  and  of  the  State  of  Indiana,  and  to  faithfully  and 
honestly  discharge  their  duties  and  filing  the  same  in  the  office  of 
the  Auditor  of  State;  and  all  such  examinations  shall  be  public. 
(K.  S.  190i;  §6326.) 

219.  Examine  Machines — Report. 

2.  Any  person  or  corporation  owning  or  being  interested  in 
any  voting  machine,  may  apply  to  said  Commission  to  exami<ne 
such  machine  and  report  on  its  accuracy,  efficiency  and  capacity. 
The  Commissioners  shall  examine  the  machine  and  make  and  file 
a  report  thereon  in  the  office  of  the  Secretary  of  State.  They  shall 
state  in  the  report  whether  the  kind  of  machine  so  examined  com- 
plies with  the  requirements  of  this  Act  and  can  be  safely  used  by 
voters  at  elections  under  the  conditions  prescribed  in  this  Act. 


CONOEBNINO    ELECTIONS.  Ill 

If  the  report  be  in  the  aflfirmative  upon  said  questions,  the  ma- 
chine shall  be  deemed  approved  by  the  Commission,  and  machines 
of  its  kind  may  be  adopted  for  use  at  elections  as  herein  provided. 
When  the  machine  has  been  so  approved,  any  improvement  or 
change  that  does  not  impair  its  accuracy,  efficiency  or  capacity 
shall  not  render  necessary  a  re-examination  or  re-approval  thereof. 
Any  form  of  voting  machine  not  so  approved  can  not  be  used  at 
any  election.  Each  Commissioner  Shall  be  entitled  to  fifty  dollars 
($50)  for  his  compensation,  and  expenses,  in  making  such  exami- 
nation and  report,  to  be  paid  by  the  person  or  corporation  applying 
for  such  examination,  which  may  be  demanded  in  advance  of  mak- 
ing the  examination.  The  Commission  may  if  it  consents  to  do  so 
go  to  any  point  in  the  State  for  the  purpose  of  examining  a  ma- 
chine, but  it  shall  not  be  compelled  to  make  such  examination  at 
any  place  other  than  the  capital  of  the  State.  (R.  S.  1901, 
§6327.) 

220.     Construction  and  Arrangement  of  Machine. 

3.  JN'o  machine  shall  be  approved  by  the  Commissioners  un- 
less it  be  so  constructed  as  that  it  affords  each  elector,  an  oppor- 
tunity to  vote  in  absolute  secrecy;  to  vote  a  straight  party  ticket, 
or  part  of  one  party  ticket  and  part  of  another  or  other  party 
tickets:  to  vote  for  all  candidates  for  whom  he  is  entitled  to  vote, 
and  prevents  him  from  voting  for  any  candidate  more  than  once ; 
that  prevents  the  elector  from  voting  for  more  than  one  person  for 
the  same  office  unless  he  is  lawfully  entitled  to  vote  for  more  than 
one  person  therefor,  and  in  that  event  permits  him  to  vote  for  as 
many  persons  for  that  office  as  he  is  by  law  entitled,  and  no  more  -, 
and  that  such  machine  will  correctly  register  by  means  of  me- 
chanical counters  every  vote  cast  on  the  regular  tickets  thereon; 
that  the  machine  shall  be  provided  with  seven  pairs  of  "yes"  or 
"no"  counters  with  the  operating  or  voting  devices  therefor,  and 
shall  have  the  capacity  to  contain  the  tickets  of  seven  political 
parties  with  the  names  of  all  candidates  thereon,  except  that  it 
may  be  so  constructed  as  that  the  names  of  all  candidates  for 
presidential  electors  w^ill  not  occur  thereon,  but  in  lieu  thereof  one 
ballot  label  in  each  party  columns  or  row  shall  contain  only  the 
words  "Presidential  Electors"  preceded  by  the  party  name;  and 
every  vote  registered  for  such  ballot  label  shall  operate  as  a  vote  for 
all  candidates  of  such  party  for  presidential  electors  and  shall  be 
counted  as  such ;  and  that  all  votes  cast  on  the  machine  on  a  regu- 
lar ballot  or  ballots  shall  be  registered.  It  shall  also  be  so  con- 
structed as  that  any  elector  may  by  means  of  irregular  ballots  or 
otherwise  vote  for  any  person  for  any  office  although  such  person 
may  not  have  been  nominated  by  any  party  and  his  name  may  not 
appear  on  such  machine ;  and  that  when  a  person  is  voted  for  for 


112  GENERAL    LAWS 

any  such  office,  when  name  does  not  appear  on  the  machine,  the 
electoi'  can  not  vote  for  any  name  on  the  machine  for  the  same 
office.  It  shall  be  so  constructed  as  that  each  elector  may  readily 
understand  and  understandingly  and  within  the  period  of  one  min- 
ute cast  his  vote  for  all  candidates  of  his  choice.  In  case  the  ma- 
chine-is so  constructed  as  that  the  candidate  for  presidential  elect- 
ors of  any  party  can  only  be  voted  for  by  voting  for  the  ballot  label 
containing  the  words  ^Tresidential  Electors/''  it  must  be  so  con- 
structed as  that  by  voting  an  irregular  ticket  as  hereinafter  defined, 
the  elector  may  vote  for  any  person  or  persons  he  may  choose  for 
presidential  electors.  The  machine  must  be  provided  with  a  lock 
or  locks  by  the  use  of  which  ony  movement  of  the  voting  or  regis- 
tering mechanism  is  absolutely  prevented,  and  so  that  it  can  not 
be  tampered  with  or  manipulated  for  any  fraudulent  purpose; 
and  the  machine  must  be  susceptible  of  being  so  closed  during  the 
progress  of  the  voting  as  that  no  person  can  see  or  know  the  num- 
ber of  votes  registered  for  any  candidate.     (R.  S.  1901,  §6328.) 

[Acts  1903,  p.  278.     In  force  April  22,  1903.] 

221.    Piirchasing  Machines. 

4.  The  Board  of  Commissioners  of  every  county  in  this 
State  in  which  is  located  a  city  having  a  population  of  thirty-six 
thousand  or  more,  according  to  the  last  preceding  United  States 
census,  shall  and  the  Board  of  Commissioners  of  all  other  counties 
in  this  State  may,  adopt  and  purchase  or  procure  for  use  in  the 
various  precincts  of  the  county,  any  voting  machine  approved  in 
the  manner  above  set  forth  in  this  act  by  the  voting  machine  com- 
mission, and  none  other:  Provided,  That  the  Board  of  Commis- 
sioners shall  purchase  or  procure  no  voting  machine  unless  the 
party  or  parties  selling  it  shall  guarantee,  in  writing,  to  keep  the 
machine  in  working  order  for  not  less  than  five  (5)  years  with- 
out additional  cost  to  the  county,  and  give  a  bond  conditional  to 
that  effect;  but  it  shall  be  the  duty  of  such  Board  of  Commis- 
sioners to  adopt  and  purchase  or  procure  no  such  machine  unless 
they  are  themselves  satisfied  that  it  complies  with  the  require- 
ments of  Section  3  of  this  act,  and  that  it  is  thoroughly  reliable 
and  correct  in  its  operation,  readily  understood  and  operated,  can- 
not be  fraudulently  manipulated,  and  will  unquestionably  main- 
tain the  secrecy  of  the  ballot.  If  it  shall  be  impossible  to  supply 
each  and  every  election  district  with  a  voting  machine,  or  voting 
machines,  at  any  election  following  the  adoption  of  such  machines 
in  a  county,  as  many  may  be  supplied  as  it  is  possible  to  procure, 
and  the  same  shall  be  used  in  such  precincts  of  the  county  as  the 
Board  of  Commissioners  shall  order.  The  precincts  in  which  vot- 
ing machines  are  used  shall  contain  as  near  as  practicable  six 
hundred  voters :     Provided,  This  number  of  voters  may  be  re- 


CONCERNING    ELECTIONS.  113 

diiced  in  country  precincts  at  the  discretion  of  the  County  Com- 
missioners. The  boundaries  of  such  precincts  shall  be  established 
by  the  Board  of  Commissioners  not  later  than  their  regular  June 
session  of  the  year  in  which  a  general  election  occurs  in  this  State, 
and  the  order  of  the  Board  of  Commissioners  for  the  use  of  voting 
machines  in  such  precincts  shall  be  made  at  the  same  time  that 
the  boundaries  are  so  established;  and  said  boundaries  shall  not 
be  changed,  nor  said  order  rescinded,  after  such  June  session  of 
the  Board  of  Commissioners  until  after  the  next  ensuing  general 
election:  Provided,  That  if  for  any  reason,  it  should  turn  out  to 
be  impossible  to  obtain  machines  for  use  in  such  precincts,  then 
the  same  may  be  provided  or  changed  so  as  to  conform  to  the  law 
with  reference  to  precincts  in  which  machines  are  not  used;  and 
the  notice  of  such  division  or  change  shall  be  given  in  the  man- 
ner prescribed  by  law  for  notices  of  change  of  precinct  boundaries ; 
And  provided  further.  That  if  the  Board  of  County  Commission- 
ers shall  have  on  hand,  and  certainly  ready  for  use  at  the  election, 
more  machines  than  precincts  have  been  provided  for,  they  may, 
at  any  regular  or  special  session  not  later  than  the  first  day  of 
September  in  any  year  in  which  a  general  election  is  held,  unite 
two  or  more  precincts  into  one  for  the  purpose  of  using  therein  at 
such  election  a  voting  machine,  and  notice  of  such  uniting  shall  be 
given  in  the  manner  prescribed  by  law  for  notice  of  change  in  the 
precinct  boundaries.  And  the  order  for  use  of  machines  in  such 
united  precincts  shall  be  made  by  the  Board  of  County  Commis- 
sioners at  the  time  such  precincts  are  united.  The  Board  of 
County  Commissioners  shall  have  the  care  and  custody  of  all  ma- 
chines while  not  in  use.     (Acts  1903,  p.  278 ;  R.  S.  1905,  §6329.) 

222.  Paying  for  Machines. 

5.  Payment  for  voting  ma/?hines  purchased  or  procured  may 
be  provided  for  in  such  manner  as  is  deemed  best  for  the  inter- 
ests of  the  county.  Money  may  be  borrowed  for  the  purpose,  and 
bonds  or  other  evidences  of  indebtedness  of  the  county  be  issued 
and  sold  in  the  same  manner  and  upon  the  authority  prescribed  by 
law.     (Acts  1903,  p.  278;  R.  S.  1905,  §6330.) 

223.  Penalty  for  Bribe. 

3.  Any  member  of  any  Board  of  County  Commissioners  of 
any  county  who  shall  receive  or  accept,  directly  or  indirectly,  any 
money,  property  or  other  thing  of  value  for  his  influence,  vote  or 
action  in  connection  with  the  purchase  of  any  voting  machine  or 
voting  machines  by  such  county  from  any  person,  firm  or  corpo- 
ration shall  be  fined  in  a  sum  not  to  exceed  three  thousand 
($3,000.00)  dollars,  to  which  may  be  added  imprisonment  in  the 
8 


114  GENERAL   LAWS 

State's  prison  for  a  term  of  two  to  four  years,  and  shall  also  be 
disfranchised  for  a  period  of  ten  years.  (Acts  1903,  p.  278 ;  K. 
S.  1905,  §6330a.) 

224.  School  Commissioners. 

4.  In  the  elections  in  v/hich  there  shall  be  School  Commis- 
sioners to  be  elected^  the  proper  Board  of  Election  Commissioners 
shall  arrange  the  names  of  candidates  for  School  Commissioners 
in  order  on  the  several  machines  in  such  a  way,  so  far  as  possible, 
that  the  name  of  each  candidate  shall  appear  at  the  head  of  the 
column  for  his  term  of  office  as  often  as  that  of  any  other  such 
candidate  shall  so  appear,  and  in  second,  third  and  fourth  place, 
and  each  succeeding  place,  a  like  number  of  times.  (R.  S.  1905, 
§6330b.) 

225.  Election  Rooms. 

6.  The  room  in  which  the  election  is  held  shall  have  a  rail- 
ing separating  the  part  of  the  room  to  be  occupied  by  the  Election 
Board  from  that  part  of  the  room  occupied  by  the  voting  machine. 
The  exterior  of  the  voting  machine  and  every  part  of  the  polling 
place  shall  be  in  plain  view  of  the  Election  Board.  The  machine 
shall  be  so  placed  as  that  no  person  on  the  opposite  side  of  the  rail- 
ing can  see  or  determine  how  the  voter  cast  his  vote.  And  that  no 
person  can  see  or  determine  from  the  outside  of  the  room.  /  After 
the  opening  of  the  polls  neither  the  Inspector  nor  any  Judge  of 
the  election  shall  allow  any  person  to  pass  within  the  railing  to 
the  part  of  the  room  \vhere  the  machine  is  situated,  except  for  the 
purpose  of  voting,  except  as  provided  in  the  next  succeeding  sec- 
tion of  this  Act ;  and  they  shall  not  permit  more  than  one  voter  at 
a  time  to  be  in  such  part  of  the  room.  They  shall  not  themselves 
remain  or  permit  any  person  to  remain  in  any  position  or  near  any 
position  that  would  permit  him  to  see  or  ascertain  how  the  voter 
votes  or  how  he  has  voted.  'No  voter  shall  remain  within  the  vot- 
ing booth  or  compartment  longer  than  one  minute,  and  if  he 
should  refuse  to  leave  it  after  the  lapse  of  that  time,  he  shall  at 
once  be  removed  by  the  Election  Board  or  election  sheriff  or 
sheriffs  upon  the  order  of  the  Board.     (R.  S.  1901,  §6331.) 

226.  Illiterate  Voter. 

7.  If  any  voter  shall  in  the  presence  of  the  Election  Board 
make  affidavit  in  writing  that  he  is  unable  to  read  the  English  lan- 
guage or  that  by  reason  of  physical  disability,  setting  out  the  par- 
ticulars in  which  said  physical  disability  exists,  he  is  unable  to 
register  his  vote  upon  the  machine,  he  shall  be  accompanied  into 
the  voting  booth  by  both  of  the  election  clerks,  and  there  declare 
his  choice  of  candidate*  to  such  clerks,  who,  in  his  presence  and 


CONCERNING    ELECTIONS.  115 

in  the  presence  of  each  other,  shall  register  his  vote  upon  the  ma- 
chine for  the  candidates  of  his  choice. 

Any  poll  clerk  or  poll  clerks  who  shall  deceive  any  elector  in 
registering  his  vote  under  this  section,  or  who  shall  register  his 
vote  in  any  other  way  than  as  requested  by  such  person,  or  who 
shall  give  information  to  any  person  as  to  what  ticket  or  for  what 
person  or  persons  such  person  voted,  shall  be  guilty  of  a  felony, 
and  on  conviction  shall  be  imprisoned  in  the  penitentiary  not  more 
than  five  nor  less  than  two  years,  and  disfranchised  for  any  deter- 
minate period  not  less  than  five  years.     (R.  S.  1901,  §6332.) 

227.  Ballot  Label. 

8.  That  portion  of  cardboard,  paper,  or  other  material, 
placed  on  the  front  of  the  machine  containing  the  names  of  the 
candidates,  or  a  statement  of  a  proposed  constitutional  amendment 
or  other  question  or  proposition  to  be  voted  on,  shall  be  known  in 
this  Act  as  a  ballot  label.  The  ballot  label  shall  be  caused  to  be 
printed  and  shall  be  furnished  by  the  County  Board  of  Election 
Commissioners,  and  shall  be  printed,  in  black  ink  on  clear  white 
material  of  such  size  as  will  fit  the  machine,  and  in  plain,  clear 
type  as  the  space  will  reasonably  permit.  The  party  device  for 
such  political  party,  which  has  been  adopted  in  accordance  with 
law,  and  the  party  name  or  ,other  designation  shall  be  prefixed,  to 
the  list  of  candidates  of  such  party.     (R.  S.  1901,  §6333.) 

228.  Sample  Ballots. 

9.  The  State  Board  of  Election  Commissioners  shall  cause 
to  be  printed,  for  the  use  of  the  County  Board  of  Election  Com- 
missioners of  the  several  counties  of  the  State  five  sample  ballots, 
which  shall  be  exact  copies  of  the  official  ballots  which  are  caused 
to  be  printed  by  them,  but  on  different  colored  paper  from  the 
official  ballots ;  said  sample  ballots  shall  be  enclosed  in  a  separate 
wrapper  or  envelope  from  that  of  other  papers  delivered  by  the 
State  Board  of  Election  Commissioners  to  the  Clerk  of  the  Cir- 
cuit Court  or  his  messenger,  and  shall  be  directed  to  the  County 
Board  of  ^Election  Commissioners;  and  they  shall  be  delivered  to 
the  Clerk  of  the  Circuit  Court  or  other  messenger  who  carries  the 
official  ballots  from  the  State  Board  of  Election  Commissioners 
to  the  county,  and  shall  be  by  him  carried  to  the  office  of  the  Clerk 
of  the  Circuit  Court  of  the  county  and  there  deposited  and  kept 
until  taken  into  the  custody  of  the  County  Board  of  Election  Com- 
missioners. The  County  Board  of  Commissioners  shall  provide 
at  least  five  sample  ballots  for  each  precinct  of  the  county  in  which 
a  voting  machine  is  to  be  used,  which  shall  be  arranged  in  the 
fonn  of  a  diagram  showing  the  entire  front  of  voting  machine  as 
it  will  appear  after  the  ballot  labels  are  arranged  thereon  for  vot-- 


11($  •a^^BAL    ULWI 

ing  on  election  day.  The  party  ticket  on  such  sample  ballots,  the 
offices  to  be  filled  and  the  names  of  the  candidates  thereon,  shall 
be  arranged  in  the  same  order  in  which  they  occur  on  the  official 
ballots  printed  under  the  jurisdiction  respectively  of  the  State  and 
County  Board  of  Election  Commissioners,  except  where  presiden- 
tial electors  are  to  be  voted  for  at  any  election  and  the  machine  to 
be  used  is  not  sufficient  to  carry  the  names  of  all  of  the  candidates 
for  such  electors,  then  there  may  be  placed  as  the  first  ballot  label 
of  each  party  ticket,  a  ballot  containing  the  words  'Tresidential 
Electors,"  preceded  by  the  name  of  the  political  party.  The  ticket 
of  each  political  party  on  such  sample  ballot  shall  be  arranged  in 
the  following  order :  First,  the  State  ticket  or  ticket  voted  for  by 
the  whole  State;  second,  the  county  ticket,  and  third,  the  town- 
ship ticket,  if  any.  In  all  cases  the  ticket  shall  be  arranged  on  th(3 
machine  for  the  purpose  of  voting,  in  exact  accordance  with  the 
sample  ballot  so  furnished  by  the  County  Board  of  Election  Com- 
missioners. At  least  three  of  such  sample  ballots  shall  be  posted 
by  the  Inspector  of  the  precinct  or  under  his  direction  near  the 
entrance  of  the  chute  at  the  election  precinct,  and  shall  there  ho 
open  to  public  inspection  during  the  whole  of  election  day.  In 
addition  to  said  sample  ballots  the  Board  of  Election  Commission- 
ers may  furnish  in  connection  with  instruction  cards,  diagrams  of 
the  front  of  the  machine  with  ballot  labels  pasted  thereon,  at  least 
two  of  which  shall  also  be  posted  up  near  the  voting  place  if  fur- 
nished.    (E.  S.  1901,  §6334.) 

229.    Duties  of  Inspectors. 

10.  The  Inspector  of  each  election  precinct  in  which  a  vot- 
ing machine  is  to  be  used,  shall  appear  at  the  office  of  the  Clerk 
of  the  Circuit  Court  not  more  than  three  nor  less  than  two  days 
before  the  election,  and  there  receive  from  the  County  Board  of 
Election  Commissioners  the  sample  ballots,  three  complete  sets  of 
ballot  labels,  and  all  poll  books,  and  other  supplies  of  whatever 
character  necessary  to  conduct  the  election  in  his  precinct,  and 
make  return  thereof.  The  County  Board  of  Election  Commis- 
sioners shall,  before  the  day  of  election,  cause  the  proper  ballot 
labels  to  be  put  upon  each  machine  corresponding  with  the  sample 
ballot  herein  provided  for,  and  the  machine  in  every  way  to  be 
put  in  order,  set  and  adjusted,  ready  for  use  in  voting  when  de- 
livered at  the  precinct ;  and  for  the  purpose  of  so  labeling  the  ma- 
chine, putting  in  order,  setting  and  adjusting  the  same,  they  may 
employ  one  or  more  competent  persons  and  cause  him  or  them  to 
be  paid  out  of  the  county  treasury  in  the  same  manner  that  other 
expenses  incurred  by  the  said  board  are  paid.  And  the  Board  of 
County  Commissioners  shall  cause  the  machine  so  labeled,  in  or- 
der, set  and  adjusted,  to  be  delivered  at  the  voting  precinct,   to- 


CONCERNING    ELKOTIOlfS.  117 

gether  with  all  necessary  furniture  and  appliances  that  go  with 
the  same  in  the  room  where  the  election  is  to  be  held  in  the  pre- 
cinct, not  later  than  six  o'clock  p.  m.  of  the  day  preceding  the  elec- 
tion. After  the  delivery  of  such  machine  and  on  the  same  day  the 
Inspector  and  Election  Judges  of  the  precinct  may  meet  at  said 
room,  open  the  package  containing  the  sample  ballots  and  if  neces- 
sary the  ballot  labels,  and  see  that  said  machine  is  correctly  labeled, 
set  and  adjusted,  ready  for  use  in  voting ;  and  if  the  same  is  not  so 
labeled,  set  and  adjusted  and  in  order,  they  shall  immediately 
label,  set  and  adjust  the  same  and  place  it  in  order  or  cause  it  to 
be  done.  On  the  morning  of  the  election  the  Election  Board,  in- 
cluding the  Inspector,  Judges,  Poll  Clerks  and  Sheriffs,  if  any, 
shall  meet  at  said  room  at  least  one  hour  before  the  time  for  open- 
ing the  polls.  The  Inspector  shall  then  cause  the  chute  on  the 
outside  of  the  building  to  be  erected,  sample  ballots  and  instruc- 
tion cards  to  be  posted,  and  everything  put  in  readiness  for  the 
commencement  of  voting  at  the  hour  of  opening  the  polls.  The 
Election  Boards,  in  the  presence  of  the  clerks,  shall  compare  the 
ballot  labels  on  the  machine  with  the  sample  ballot,  see  that  they 
are  correct,  examine  and  see  that  all  the  counters  in  the  machine 
are  set  at  zero,  and  that  the  machine  is  otherwise  in  perfect  order, 
and  they  shall  not  thereafter  permit  the  counters  to  be  operated 
or  moved  except  by  electors  in  voting,  and  they  shall  also  see  that 
all  necessary  arrangements  and  adjustments  are  made  for  voting 
irregular  ballots  on  the  machine.     (R,  S.  1901,  §6335.) 

230.    Irregular  BaUots. 

10 J.  Ballots  voted  for  any  person  whose  name  does  not  ap- 
pear on  the  ballot  label  on  the  machine  as  a  candidate  for  office, 
are  herein  referred  to  as  irregular  ballots.  Where  two  or  more 
candidates  are  to  be  elected  to  the  same  office  the  voting  devices 
belonging  to  all  the  candidates  for  said  offices  shall  be  included  in 
a  group  herein  referred  to  as  a  multicandidate  group.  Except  for 
presidential  electors,  and  except  in  multicandidate  groups,  where 
the  irregular  balloting  device  requires  otherwise,  no  irregular  bal- 
lot shall  be  voted  for  any  person  for  any  office  whose  name  appears 
on  the  ballot  label  on  the  front  of  the  machine  as  a  candidate  for 
that  office  ;  any  irregular  ballot  so  voted  shall  not  be  counted.  An 
irregular  ballot  must  be  cast  in  its  appropriate  place  on  the  ma- 
chine, or  it  shall  be  void  and  not  counted. 

In  voting  for  presidential  electors  an  elector  may  vote  an  irregu- 
lar ticket,  made  up  of  the  names  of  persons  in  nomination  by 
different  parties  or  partially  of  the  names  of  persons  so  in  nomina- 
tion and  partially  of  persons  not  in  nomination,  or  wholly  of  names 
of  persons  not  in  nomination  by  any  party.     Such  irregular  bal- 


118  GENERAL    LAWS 

lot  shall  be  deposited,  written  or  affixed  in  or  upon  the  receptacle 
or  device  provided  on  the  machine  for  that  purpose.  (E.  S.  1901 , 
§6335a.) 

231.  Conduct  of  Voter. 

11.  When  a  voter  has  passed  the  challengers  and  entered 
the  election  room  he  shall  announce  his  name  to  the  Poll  Clerk  in 
the  presence  of  the  Board  and  each  of  the  Poll  Clerks  shall  write 
his  name  on  the  poll  book  in  his  possession.  If  not  challenged  by 
any  member  of  the  Board,  the  voter  shall  then  be  permitted  to 
pass  the  railing  to  the  side  where  the  machine  is  and  into  the  vot- 
ing booth  or  compartment,  and  he  shall  there  register  his  vote  in 
secret.  Having  done  so  he  shall  immediately  pass  out  and  an- 
nounce to  the  clerks  that  he  has  voted,  who  shall  write  opposite  his 
name  "voted,''  and  he  shall  leave  the  room.  Not  more  than  one 
voter  at  a  time  shall  be  permitted  on  the  j-ide  of  the  railing  where 
the  machine  is,  and  not  more  than  one  ether  voter  shall  be  per- 
mitted in  the  room  while  he  is  in.  And  not  more  than  one  voter 
besides  the  Election  Board,  Clerks  and  Sheriffs,  shall  be  permitted 
in  the  room  at  a  time,  if  any  member  of  the  Election  Board  ob- 
jects thereto.     (K.  S.  1901,  §6335b.) 

232.  Announcement  of  Result.' 

12.  As  soon  as  the  polls  of  the  election  are  closed  the  In- 
spector, in  the  presence  of  the  Judges  and  Poll  Clerks,  shall 
immediately  lock  the  voting  machine  against  voting  and  open  the 
counting  compartment,  giving  a  full  view  of  all  the  counter  num- 
bers to  all  members  of  the  Election  Board,  including  Poll  Clerks 
and  Sheriffs.  The  Inspector  shall,  in  the  order  of  the  offices  as 
their  titles  are  arranged  on  the  machine,  read  and  announce  in  dis- 
tinct tones  the  result  as  shown  by  the  counter  numbers,  and  shall 
then  read  the  votes  recorded  for  each  office  on  the  regular  ballots. 
He  shall  also  in  the  same  manner  announce  the  vote  on  each  con- 
stitutional amendment,  proposition  or  other  question  voted  on. 
The  vote  so  announced  by  the  Inspector  shall  be  taken  down  by 
each  of  the  Poll  Clerks  and  recorded  on  books  or  papers  prepared 
for  that  purpose.  They  shall  record  the  number  of  votes  received 
for  each  candidate  on  the  regular  ticket  and  also  the  number  re- 
ceived by  each  person  on  the  irregular  ticket.  The  certificates  of 
the  number  of  votes  cast  for  each  person  shall  be  made  and  signed 
as  required  by  law  in  case  of  other  election  returns,  and  all  state- 
ments of  the  number  of  votes  required  by  law  in  duplicate,  tripli- 
cate or  otherwise,  shall  be  made,  signed  by  the  election  officers. 
And  such  certificates  and  other  papers  shall  be  returned  to  the 
office  of  the  Clerk  of  the  Circuit  Court,  and  to  the  Board  of  Can- 
vassers in  the  same  manner^  under  the  same  regulations  and  penal- 


CONCEBNINO    ELECTIONS.  119 

ties  as  are  prescribed  by  law  for  election  returns  from  precincts 
in  which  no  voting  machine  is  used.     (R.  S.  1901,  §6335c.) 

233.  Locking-  Machine. 

13.  The  Inspector,  as  soon  as  the  count  is  completed  and 
fully  ascertained,  as  in  this  Act  required,  shall  close  and  lock  the 
machine  against  voting  or  being  tampered  with,  and  it  shall  so 
remain  for  a  period  of  at  least  thirty  days.  When  irregular  bal- 
lots have  been  voted  the  Inspector  shall  return  all  of  such  ballots 
in  a  properly  secured  sealed  package,  endorsed  "irregular  ballots,'^ 
and  indicating  the  precinct  and  county,  and  file  such  package  with 
the  Clerk  of  the  Circuit  Court.  It  shall  be  preserved  for  six 
months  after  such  election,  and  may  be  opened  and  its  contents 
examined  only  upon  an  order  of  a  court  of  competent  jurisdiction ; 
at  the  end  of  six  months,  unless  ordered  otherwise  by  the  Court, 
such  package  and  its  contents  may  be  destroyed.  (R.  S.  1901, 
§6335d.) 

234.  Recording  Roll. 

14,  A  voting  machine  which  possesses  all  of  the  qualities  re- 
quired by  this  Act  may  be  supplied  in  addition,  with  a  paper  re- 
cording roll  on  which  all  the  votes  registered  on  the  mechanical 
counters  Avill  be  separately  recorded  on  such  roll.  When  a  ma- 
chine is  STipplied  with  such  roll  the  same  shall  not  be  taken  out  or 
examined  by  the  Election  Board  who  makes  the  return  from  the 
precinct,  but  such  machine  shall  be  locked  with  such  roll  therein, 
and  so  remain  for  the  period  of  at  least  thirty  days  unless  within 
that  time  the  machine  be  ordered  opened  and  the  roll  taken  out 
and  examined  by  some  court  of  competent  jurisdiction.  At  the 
end  of  such  thirty  days  such  roll  may  be  taken  out  unless  other- 
wise ordered  by  a  court  of  competent  jurisdiction.  (R.  S.  1901, 
§6335e.) 

235.  Custody  of  Keys. 

14^.  When  the  machine  is  locked  at  the  close  of  an  election 
in  the  manner  required  by  this  Act,  the  Inspector  shall  place  all 
keys  of  the  machine  on  a  strong  and  sufficient  string  or  wire,  label 
the  same  with  the  make  and  number  of  the  machine  and  precinct 
at  which  used  at  such  election,  and  return  such  keys  to  the  Auditor 
of  the  county  not  later  than  ten  o'clock  a.  m.  of  the  Thursday 
following  the  election.  The  Auditor  shall  securely  keep  such 
keys  and  not  permit  the  same  to  be  taken,  or  any  voting  machine 
unlocked,  for  a  period  of  thirty  days  from  the  election  unless  or- 
dered otherwise  by  a  court  of  competent  jurisdiction.  At  the  end 
of  such  thirty  days  he  shall  turn  all  keys  over  to  the  Board  of  Com- 
missioners unless  otherwise  ordered  by  Court.  (R.  S.  1901, 
§63351) 


120  GENERAL    LAWS 

236.  Laws  Applicable. 

15.  All  laws  of  this  State  applicable  to  elections  where  vot- 
ing is  done  in  other  manner  than  by  machines  and  all  penalties 
prescribed  for  violation  of  such  laws,  shall  apply  to  elections  and 
precincts  where  voting  machines  are  used  in  so  far  as  they  are 
not  in  conflict  with  the  provisions  of  this  Act.  (R.  S.  1901, 
§6335g.) 

237.  Officers— Neglect  of  Duty— Penalties. 

16.  Any  public  officer  or  any  election  officer  upon  whom  any 
duty  IS  imposed  by  this  Act,  or  who  shall  wilfully  omit  or  neglect 
to  perform  such  duties,  or  do  any  act  prohibited  herein,  for  which 
punishment  is  not  otherwise  provided  herein,  shall,  upon  convic- 
tion, be  imprisoned  in  the  State  prison  for  not  less  than  one  year 
or  more  than  three  years,  or  be  fined  in  any  sum  not  exceeding 
two  thousand  ($2,000)  dollars,  or  may  be  punished  by  both  such 
imprisonment  and  fine.     (R.  S.  1901,  §6335h.) 

238.  Injuring  Machine  or  Ballots. 

17.  Any  person  not  being  an  election  officer,  who,  during 
any  election,  or  before  any  election,  after  a  voting  machine  has 
had  placed  upon  it  the  ballot  label  for  such  election,  who  shall 
tamper  with  such  machines,  disarrange,  deface,  injure  or  impair 
the  same  in  any  manner,  or  mutilate,  injure  or  destroy  any  ballot 
label  placed  thereon,  or  to  be  placed  thereon,  or  any  other  appli- 
ance used  in  connection  with  such  machine,  shall  be  deemed  guilty 
of  a  felony,  and  on  conviction  thereof  shall  be  imprisoned  in  the 
State  prison  for  a  period  of  not  less  than  two  nor  more  than  ten 
years.     (R.  S.  1901,  §63351.) 

239.  False  Affidavit. 

18.  Whoever  shall  knowingly  or  wilfully  make  a  false  affi- 
davit, under  any  of  the  provisions  of  this  Act,  shall  be  deemed 
guilty  of  perjury.     (R.  S.  1901,  §6335j.) 

240.  Using  Distinguishing  Marks — Penalties. 

19.  Whoever  shall  induce  or  attempt  to  induce  any  elector 
to  write,  paste  or  otherwise  place  on  an  irregular  ballot  voted  on 
a  voting  machine  at  any  election,  any  name,  sign  or  device  of  any 
kind  as  a  distinguishing  mark  by  which  to  indicate  to  another  how 
such  elector  has  voted;  or  shall  enter  into  or  attempt  to  form  any 
agreement  or  conspiracy  with  any  person  to  induce  or  attempt  to 
induce  or  attempt  to  induce  electors,  or  any  elector,  to  so  place 
any  distinguishing  mark  on  such  ballot;  or  who  shall  atterapt  to 
induce  any  elector  to  do  anything  with  a  view  to  enabling  another 
person  to  see  or  know  for  what  ticket  or  for  what  persons  or  any 


CONCERNIIfG    ELECTIONS.  121 

of  them  such  elector  votes  on  such  machine;  or  who  shall  enter 
into  or  attempt  to  form  any  agreement  or  conspiracy  to  induce  any 
elector  to  do  anything  for  the  purpose  of  enabling  another  person  or 
persons  to  see  or  know  for  what  ticket,  person  or  persons  such 
elector  votes ;  or  who  shall  attempt  to  induce  any  person  to  place 
himself  in  such  position,  or  to  do  any  other  thing  as  will  enable 
him  to  see  or  know  for  what  ticket  or  candidates  any  elector  other 
than  himself  votes  on  such  machine;  or  who  himself  attempts  to 
get  in  such  position,  or  do  any  other  thing,  so  that  he  will  be 
enabled  to  see  or  know  how  any  elector  other  than  himself  votes  on 
such  machine,  shnll  be  guilty  of  a  felony,  and  on  conviction  im- 
prisoned in  the  State  prison  not  less  than  two  nor  more  than  five 
years.     (R.  S.  1901,  §6335k.) 

241.  Oflacers  Tampering  with  Machine — Penalty. 

20.  Whoever,  being  an  Inspector,  Judge  or  Clerk  of  an  elec- 
tion, with  intent  to  cause  or  permit  any  voting  machine  to  fail 
to  correctly  register  all  votes  cast  thereon,  tampers  with  or  dis- 
arranges such  machine  in  any  way,  or  any  part  or  appliance 
thereof ;  or  who  causes  or  consents  to  said  machine  being  used  for 
voting  at  any  election  with  knowledge  of  the  fact  that  the  same  is 
not  ir.  order,  or  not  perfectly  set  and  adjusted  so  that  it  will  cor- 
rectly register  all  votes  cast  thereon ;  or  who,  for  the  purpose  of  de- 
frauding or  deceiving  any  voter  or  of  causing  it  to  be  doubtful 
for  what  ticket  or  candidate  or  candidates  or  proposition  any  vote 
is  cast,  or  of  causing.it  to  appear  upon  said  machine  that  votes 
cast  for  one  ticket,  candidate  or  proposition,  were  cast  for  another 
ticket,  candidate  or  proposition,  removes  changes  or  mutilates  any 
ballot  label  on  said  machine  or  any  part  thereof,  or  does  any  other 
thing,  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
imprisoned  in  the  State  prison  not  less  than  two  years  nor  more 
than  ten  years,  and  disfranchised  for  any  determinate  period,  to 
which  ma}^  be  added  a  fine  of  not  exceeding' one  thousand  ($1,000) 
dollars.     (R  S.  1901,  §63351.) 

242.  False  Returns — Penalty. 

21.  Any  Inspector,  Judge  or  Clerk  of  an  election,  who  shall, 
at  the  close  of  the  polls,  purposely  cause  the  vote  registered  on  such 
machine  to  be  incorrectly  taken  down  as  to  any  candidate  or  prop- 
osition voted  on,  or  who  shall  knowingly  cause  to  be  made  or 
signed  any  false  statement,  certificate  or  return  of  any  kind,  of 
such  vote ;  or  Avho  shall,  knowingly  consent  to  said  things  or  any  of 
them  being  done,  shall  be  deemed  guilty  of  a  felony,  and  on  con- 
viction shall  be  imprisoned  in  the  State  prison  not  less  than  two 
years  nor  more  than  ten  years,  to  which  may  be  added  a  fine  of  not 
more  than  one  thousand  ($1,000)  dollars.    '(R.  S.  1901,  §6335m.) 


122  GENERAL    LAWS 

243.  Cities  and  Towns  May  Use  Machines. 

22.  The  City  Council  and  Board  of  Aldermen,  where  there 
is  a  board,  of  any  city  in  this  State,  and  the  Town  Trustees  of  any 
town  in  this  State,  may,  after  voting  machines  have  been  adopted 
in  the  county,  by  the  Board  of  Commissioners,  and  are  on  hand, 
ready  for  use,  by  an  ordinance  duly  passed,  adopt  such  machines 
for  use  at  any  election  of  such  city  or  town  respectively;  and  if 
there  are  not  sufficient  machines  on  hand  for  every  precinct  of  the 
city  or  town,  they  may  provide  in  such  ordinance  in  what  pre- 
cincts voting  machines  shall  be  used  at  such  election  and  fix  the 
boundaries  of  the  precinct.  The  County  Commissioners  shall  fur- 
nish to  such  city  or  town  the  requisite  number  of  voting  machines, 
together  with  all  the  furniture  and  appliances  that  go  therewith,  to 
be  used  in  such  precincts,  but  such  town  or  city  shall  pay  the 
expense  of  moving  such  machine  and  furniture  to  and  from  the 
polling  places,  and  also  for  any  damage  or  loss  to  such  machines 
or  furniture.  The  City  Board  of  Election  Commissioners  shall 
discharge  the  duties  required  by  this  Act  to  be  discharged  by  the 
County  Board  of  Election  Commissioners.  And  all  of  the  provi- 
sions of  this  Act  and  penalties  prescribed,  shall  apply  to  town  and 
city  elections  and  all  ofiicers  thereof  and  connected  therewith,  and 
all  proceedings  and  doings  in  preparing  for  and  holding  city  or 
town  elections  at  which  such  voting  machines  are  used.  (R.  S. 
1901,  §6335n.) 

244.  Experimental  Use. 

23.  The  Board  of  County  Commissioners,  the  City  Council, 
and  Board  of  Aldermen,  where  there  is  such  board,  and  Trustees 
of  a  town  authorized  by  this  Act  to  adopt  voting  machines,  may 
provide  for  the  experimental  use  at  an  election  in  one  or  more  pre- 
cincts, of  a  machine  approved  by  the  Indiana  Voting  Machine 
Commission  without  a  formal  adoption  of  purchase  thereof;  and 
its  use  at  such  election  shall  be  as  valid  for  all  purposes  as  if 
formally  adopted.     (R.  S.  1901,  §6335o.) 

245.  Printing  Ballots,  When. 

24.  The  Board  of  Election  Commissioners  shall  cause  to  be 
printed  ballots  for  all  elections  as  now  provided  by  law  and  to  de- 
liver a  sufficient  number  thereof  to  the  Clerk  of  each  county,  or 
in  case  of  a  city  election  then  to  the  Cit}''  Clerk,  wherein  voting- 
machines  have  been  adopted,  so  that  in  case  any  voting  machine 
should  get  out  of  order  or  fail  to  work,  the  Clerk  could  furnish 
necessary  ballots  to  each  precinct  in  which  such  voting  machines 
so  failing  to  work  are  located,  in  order  that  the  election  might  go 
on.  The  Clerk  of  the  county,  town  or  city  in  which  such  voting 
machines  are  adopted,  shall  be  at  his  office  from  5  o'clock  a.  m.  un- 


CONCERNING    ELECTIONS.  123 

til  6  o^clock  p.  m.  on  all  election  days,  and  be  ready  at  any  time 
between  such  hours  to  deliver  to  any  precincts  in  his  county,  town 
or  city,  necessary  ballots  together  with  election  booths,  ballot  boxes, 
and  all  necessary  paraphernalia  as  now  required  by  law  upon  no- 
tice that  any  voting  machine  is  out  of  order  or  fails  to  work :  Pro- 
vided, That  if  the  number  of  voters  in  any  precinct  in  which  any 
such  voting  machine  is  placed  shall  exceed  in  number  three  hun- 
dred persons,  then  the  Clerk  shall  furnish  and  send  to  the  voting 
places  in  such  precinct  election  booths  with  six  stalls.  (E.  S.  1901, 
§6335?.) 

246.     Laws  Repealed. 

25.     An  Act  entitled  ''An  Act  to  provide  for  the  greater 

purity  of  elections,  for  the  casting,   registering,   recording  and 

counting  of  votes  by  means  of  voting  machines,  and  supplementary 

to,  and  in  aid  of,  an  Act  entitled  'An  Act  concerning  elections, 

providing  penalties  for  the  violation  of  the  same,  and  repealing 

all  laws  in  conflict  therewith,'  approved  March  6,  1889,  and  laws 

supplementary  thereto,  and  amendatory  thereof,  and  declaring  an 

emergency,"  approved  March  2,  1809,  is  hereby  repealed,  and  all 

other  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this 

Act  are  hereby  repealed. 

Note — The  statute  repealed  is  that  authorizing  the  use  of  voting  ma- 
chines.    Acts  1889,  p.  365. 


124  GEITERAL    LAWS 


CHAPTER  6. 


PRIMARY  ELECTIONS. 

SEC.  SEC, 

247.  To  what  counties  applicable.  267.  Informal  papers  and  examining  pa- 

248.  Board  of  Election  Commissioners.  pers. 

249.  Precinct  committeemen.  268.  Altering     or     destroying     returns— 

250.  Election  of  precinct  committeemen.  Penalty. 

251.  County  ballots— Contests.  269.  Candidate's  expense  account,  filing. 

252.  Meeting  of  precinct  committeemen.  270.  Laws  repealed. 

253.  Call    for    primary— Candidates'    no-  271.  Committee's  statement  as  to  nomi- 

tice.  nations. 

254.  Tabulating  returns.  272.    Primary  law,   Vigo  county,  date  of 

255.  Delegates  to  convention.  election. 

256.  Expenses.  273.    General  primary  law  applies. 

257.  Qualification  of  members  and  elec-        274.    Precinct     boundaries,     election     of 

tion  board.  committeemen  and  delegates. 

258.  Poll   books— Blanks.  275.  Application     by    candidates,     filing 

259.  Manner  of  voting.  fee. 

260.  Illegal  voting— Penalty.  276.  Color  of  tickets. 

261.  Voting  in  wrong  precinct— Penalty.  277.  Form    of   primary    ballot. 

262.  Voting  more  than  once— Penalty.  278.  Qualification  of  voter. 

263.  False  aflldavit.  279.  Closing  polls. 

264.  Oflacer's  neglect  of  duty.  280.  Nominees,   Low  determined. 

265.  Selling  vote— Penalty.  281.  City  or  town  oflicers. 

266.  Bribing  election  officers- Penalty,  282.  Contest. 

283.    Repeal, 

[1901,  p.  495,     Approved  and  in  force  March  11,  1901.] 

247.  To  What  Counties  Act  Applicable. 

1.  Any  and.  all  political  parties  in  counties  of  the  State  in 
which  there  is  located  a  city  with  a  population  of  fifty  thousand 
or  more  according  to  the  last  preceding  United  States  census, 
which  cast  at  the  then  last  preceding  general  election  ten  per  cent, 
of  the  total  vote,  desiring  to  nominate  any  candidate  or  candidates 
for  any  office  or  offices  in  any  county,  city,  town,  township  or 
municipality  in  this  State,  or  direct,  or  manage,  or  control  a  cam- 
paign for  the  election  of  any  candidate  or  candidates  for  any  office 
or  offices  in  any  county,  city,  town,  township  or  municipality  in 
this  State,  shall  make  such  nominations  and  conduct  such  cam- 
paigns in  the  manner  prescribed  in  this  Act.  (R.  S.  1901, 
§6339c.) 

248.  Board  of  Election  Commissioners. 

2.  For  the  purpose  of  the  formation  of  party  organizations 
as  hereinafter  provided,  the  chairman  of  the  county  or  city  central 
committee,  respectively,  of  the  various  political  parties  or  organiza- 
tions who  is  now  acting  or  who  shall  hereafter  be  appointed  or  elected 
as  such  chairman,  shall  be  chairman  of,  and  together  with  the  vice- 
chairman,  secretary  and  treasurer  of  such  central  committee,  and 
not  less  than  one  qualified  voter  who  is  a  freeholder  in  such  ward 
or  township,  from  each  ward  or  township,  to  be  appointed  by  such 
chairman,  ^ich  appointees  to  be  of  the  same  political  party  as  such 


CONCERNING    ELECTT0N8.  125 

chairman,  shall  constitute  what  shall  be  hereafter  known  as  the 
county,  city,  town,  township  or  municipality  Board  of  Primary 
Election  Commissioners  of  the  party  for  which  they  are  author- 
ized to  act,  and  a  majority  of  such  Board  of  Primary  Election 
Commissioners  shall  constitute  a  quorum  for  the  transaction  of 
business;  and  each  member  of  the  Board  of  Primary  Election 
Commissioners  shall  take  an  oath  and  put  the  same  in  writing  and 
file  the  same  with  the  City  or  County  Clerk,  as  the  case  may  be, 
to  faithfully  and  impartially  discharge  his  duties  as  a  member  of 
such  board ;  and  such  chairman,  vice-chairman,  secretary  and  treas- 
urer shall  perform  the  duties  usually  performed  by  officers  of 
party  organizations.     (R.  S.  1901,  §6339d.) 

249.  Precinct  Comniitteemen. 

3.  Such  county  or  city  chairman,  as  provided  for  in  the  fore- 
going section,  shall,  at  least  twelve  weeks  prior  to  any  general  or 
municipal  election,  issue  a  call  for  the  election  of  precinct  commit- 
teemen, such  call  to  be  made  by  publication  in  some  daily  news- 
paper of  general  circulation  published  in  such  county  or  city,  and 
such  publication  shall  be  made  at  least  three  days  prior  to  the  date 
set  for  such  primary  election ;  such  chairman  shall  appoint  an  In- 
spector, Judge  and  Clerk  in  each  precinct,  who  shall  constitute  a 
Board  of  Elections  of  such  precinct,  and  all  such  appointees  shall 
be.  qualified  voters  of  the  precinct  for  which  they  shall  be  ap- 
pointed, and  all  such  Inspectors  herein  provided  for  shall  qualify 
by  taking  the  oath  prescribed  by  the  general  election  laws  for  In- 
spectors at  general  elections  before  some  person  authorized  to  ad- 
minister oaths,  and  file  the  same  with  the  City  or  County  Clerk, 
as  the  case  may  be,  and  said  Inspector  shall,  at  the  time  of  such 
primary  and  immediately  preceding  the  opening  of  the  polls,  ad- 
minister a  similar  oath  to  the  Judge  and  Clerk  of  such  precinct. 
'No  two  political  parties  shall  hold  their  primaries  in  the  same 
place  and  at  the  same  time.  All  polls  shall  be  open  for  the  election 
of  such  precinct  committeemen  between  the  hours  of  4  p.  m.  and  8 
p.  m.     (R.  S.  1901,  §6339e.) 

250.  Election  of  Precinct  Committeemen. 

4.  All  elections  for  such  committeemen  shall  be  by  ballot ; 
each  qualified,  legal  voter  of  the  precinct,  who  at  the  last  preced- 
ing election  voted  for  the  regularly  nominated  candidates  of  the 
party,  and  affiliated  with  the  party  holding  such  election  for  such 
committeemen,  shall  be  entitled  to  vote  at  such  election ;  any  quali- 
fied, legal  voter  in  such  precinct  may  challenge  any  voter,  or  any 
person  who  shall  offer  to  vote  at  such  election,  and,  when  so  chal- 
lenged, such  person  shall  not  be  entitled  to  vote  until  he  has  made 
affidavit  that  he  is  a  qualified,  legal  voter  of  the  precinct ;  that  at 


126  GENERAL    LAWS 

the  last  preceding  election  he  affiliated  with  the  party  holding  such 
election ;  that  he  voted  for  the  regular  nominees  of  such  party  at 
such  election;  and  that  he  intends  to  support  and  vote  for  the 
regular  nominees  of  such  party  at  the  coming  election:  Pro- 
vided, That  any  qualified,  legal  voter  who  was  under  twenty-one 
years  of  age  at  the  last  preceding  election  shall  be  entitled  to  vote 
at  the  primary  of  the  party  with  which  he  intends  to  affiliate  and 
whose  candidates  he  intends  to  vote  for  at  the  approaching  elec- 
tion, and  that  when  such  last  named  voter  is  challenged  he  shall 
onlv  be  required  to  make  affidavit  that  he  is  a  qualified,  legal  voter 
of  the  precinct.     (E.  S.  1901,  §6389f.) 

251.  Counting  Ballots — Contests. 

5.  Immediately  upon  the  close  of  the  polls  in  the  several 
precincts,  such  Election  Board  shall  proceed  to  count  the  ballots, 
and  any  candidate  for  committeeman  may,  either  in  person  or  by 
accredited  representative,  witness  such  count.  Upon  the  comple- 
tion of  such  count  such  Inspector  shall  announce  the  result ;  such 
Election  Board  shall  also  prepare  in  triplicate,  on  blanks  to  be  fur- 
nished by  such  county  or  city  chairman,  certificates  of  such  result, 
and  such  certificate  shall  be  signed  by  all  the  members  of  such 
Election  Board.  The  Inspectors  of  the  several  precincts  shall 
forthwith  transmit  to  such  county  or  city  chairman  all  such  cer- 
tificates, and  one  copy  thereof  shall  be  delivered  to  the  Judge  and 
Clerk  respectively  in  each  precinct.  Should  any  candidate  for 
precinct  committeeman,  after  the  completion  of  the  count  and  the 
announcement  of  the  result  of  such  election  by  the  Inspector  in 
such  precinct  as  herein  provided  for,  serve  notice  of  his  intention 
to  contest  the  election  of  any  one  shown  to  be  elected  on  the  face 
of  the  returns,  such  contestant  shall  immediately  notify  such  In- 
spector in  writing,  and  such  Inspector  shall  place  all  the  ballots 
cast  in  such  precinct  in  a  bag  to  be  furnished  by  such  county  or 
city  chairman,  and  securely  seal  such  bag  and  transmit  the  same, 
together  with  such  written  notice  of  contest,  to  such  coTinty  or 
city  chairman ;  such  county  or  city  chairman  shall,  within  twenty- 
four  hours  after  the  receipt  of  the  certificate  and  notice  of  contest 
and  bag  of  ballots,  call  together  such  Board  of  Primary  Election 
Commissioners,  and  such  board  shall  determine  such  contest.  The 
contesting  parties  shall  be  entitled  to  be  present  and  to  be  heard 
either  in  person  or  bv  representative  before  such  board.  (R.  S. 
1901,  §6339g.) 

252.  Meeting  of  Precinct  Committeemen. 

0.  Within  ten  days  after  such  election  of  precinct  commit- 
teemen, such  county  or  city  chairman  shall  issue  a  call  for  a  meet- 
ing of  such  precinct  committeemen,  such  call  to  be  made  at  least 


CONCERNING    ELECTIONS.  127 

two  days  prior  to  the  date  therein  fixed  for  such  meeting,  and  a 
majority  of  the  members  elected  shall  constitute  a  quorum.  At 
such  meeting  such  precinct  committeemen  shall  elect  a  chairman, 
vice-chairman,  secretary  and  treasurer,  and  at  the  same  meeting 
of  such  precinct  committeemen  they  shall  determine  whether  the 
party  candidates  shall  be  nominated  by  direct  vote  of  the  electors 
at  a  primary  election,  or  by  delegate  convention,  and  such  chair- 
man, vice-chairman,  secretary  and  treasurer  shall  perform  such 
duties  as  are  now  usually  performed  by  such  officers  of  party  or- 
ganizations.    (R.  S.  1901,  §6339h.) 

253.    Call  for  Primaiy — Candidates'  Notice. 

7.  Should  it  be  determined  at  such  meeting  to  nominate 
party  candidates  by  direct  vote  at  a  primary  election,  such  county 
or  city  chairman  shall  issue  a  call  for  such  primary  election,  and 
such  call  shall  be  issued  at  least  three  wxeks  prior  to  the  date 
fixed  therein  for  such  primary  election,  and  such  primary  election 
shall  be  held  in  accordance  with  the  jjrovisions  hereinbefore  set 
forth  in  Section  3  and  Section  4  of  this  Act  in  so  far  as  appli- 
cable. All  eligible  persons  desiring  to  be  candidates  for  any 
county,  township,  city  or  municipal  office  of  the  party  holding 
such  primary  shall,  ten  days  before  such  primary,  file  with  the 
county  or  city  chairman,  as  the  case  may  be,  a  written  notice  of 
such  candidacy  signed  by  such  person;  and  should  five  or  more 
qualified  voters  desire  to  have  some  eligible  person  voted  for  at 
such  primary  who  is  not  willing  to  file  such  Written  notice  with 
such  chairman,  such  five  or  more  voters  may  petition  to  have  the 
name  of  such  person  put  on  the  ticket  hereinafter  provided  for 
with  the  other  candidates  filing  such  written  notices;  all  such 
notices  of  candidacy,  or  petitions  for  candidacy,  filed  at  least  ten 
days  before  such  primary  shall  be  by  the  county  or  city  chairman, 
as  the  case  may  be,  turned  over  to  the  Board  of  Election  Com- 
missioners, who  shall  prepare  a  ballot  for  use  at  such  primary 
election,  grouping  all  the  names  that  are  candidates  for  each  office 
together  and  placing  the  names  on  the  tickets  in  the  order  in  which 
they  are  filed  with  chairman;  within  twenty-four  hours  next  pre- 
ceding such  primary,  such  chairman  shall  cause  to  be  delivered  to 
the  Inspector  of  every  precinct  not  less  than  twice  as  many  of  such 
ballots  as  there  were  votes  of  the  party  holding  such  primary  in 
the  last  preceding  election  in  such  precinct,  for  use  in  such  primary 
election,  and  no  other  ballots  shall  be  used  or  received  by  the  In- 
spectors at  such  election.  Such  ballot  to  be  voted  shall  be  marked 
in  like  manner  as  the  ballot  is  now  marked  in  the  general  election. 
It  shall  be  the  duty  of  such  county  or  city  chairman  upon  the  is- 
suance of  such  call  for  such  primary  election,  to  appoint  an  Elec- 
tion "Board  for  each  precinct  in  such  county,  or  city,  such  Election 


138  ©EITBRJLL    LAWS 

Board  to  consist  of  one  Inspector,  two  Judges  and  two  Clerks. 
The  members  of  the  board  shall  take  an  oath  to  perform  their 
duties  under  this  Act  as  provided  for  in  Sections  3  and  4  of  this 
Act ;  notice  of  the  place  of  voting  in  the  several  precincts  shall  be 
given  by  such  county  or  city  chairman  in  some  newspaper  of  gen- 
eral circulation  published  in  such  county  or  city,  and  polls  in  all 
precincts  shall  be  open  from  11  o'clock  a,  m.  to  8  o'clock  p.  m. 
Immediately  upon  the  close  of  the  polls  in  the  several  precincts, 
the  precinct  Board  of  Election  shall  proceed  to  count  the  ballots 
cast  in  such  precinct,  and  such  county  or  city  chairman,  as  the  case 
may  be,  shall,  upon  the  request  of  any  candidate  voted  for  at  such 
primary,  appoint  two  disinterested  voters  of  the  precinct,  who  are 
freeholders  of  real  estate  located  therein  for  one  year,  or  house- 
holders therein  for  two  years,  to  act  as  watchers  at  such  count. 
Upon  the  completion  of 'SUch  count  and  before  the  certificate  of 
the  Inspector  and  Judge  as  prescribed  herein,  is  made  out,  one  of 
the  lists  of  voters,  and  one  of  the  tally  papers,  and  all  ballots  cast, 
shall  in  the  presence  of  the  Judges  and  Clerks  be  carefully  and 
securely  placed  by  the  Inspector  in  an  envelope  and  bag,  which 
shall  then  be  tightly  closed  and  well  sealed  with  wax  by  the  In- 
spector, and  plainly  marked  on  th«  outside  with  the  number  of  the 
precinct  and  ward  or  to'WTiship,  and  the  same  shall  be  delivered  by 
the  Inspector,  or  the  Judge  performing  his  duty,  to  the  county  or 
city  chairman,  as  the  case  may  be;  the  Inspector  or  such  Judge 
shall  securely  keep  said  envelope  and  bag  and  permit  no  one  to 
open  the  same,  or  to  touch  or  tamper  with  the  same,  or  the  papers 
therein.  Upon  the  delivery  of  such  envelope  as  aforesaid,  such 
Inspector  or  Judge  shall  take  and  subscribe  to  an  oath  that  he  has 
securely  kept  said  envelope  and  the  papers  therein,  and  that  the 
said  envelope  had  been  closed  and  sealed  in  the  presence  of  the 
Judges  and  Clerks,  and  that  he  has  not  permitted  any  person  to 
break  the  seal  or  to  open  the  said  envelope,  or  to  touch  or  tamper 
with  the  papers  therein,  and  that  no  person  has  broken  such  seal 
and  opened  such  envelope  to  his  knowledge.  The  chairman  to 
Avhom  such  envelope  or  bag  is  delivered  shall  keep  the  same  filed  in 
his  office  for  a  period  of  thirty  days  and  no  longer,  unless  ordered 
to  do  so  by  the  court,  and  shall  then  destroy  the  same  by  burning. 
He  shall  keep  for  said  period  said  bag  so  sealed  that  the  papers 
therein  will  remain  in  the  same  condition  as  when  received  in  his 
office,  unless  the  same  be  opened  in  the  presence  of  the  Primary 
Election  Commissioners  as  herein  provided.  Upon  the  completion 
of  the  count  a  certificate  shall  be  prepared  and  seven  copies  made 
by  the  Election  Board  showing  the  number  of  votes  cast  for  each 
candidate  in  the  several  precincts,  which  shall  be  signed  by  all  the 
members  of  the  Election  Board  and  the  Clerks  thereof;  one  copy 
of  such  certificate  shall  be  immediately  transmitted  by  the  several 


CONCERNING    ELECTIONS.  129 

Inspectors  to  the  county  or  city  chairman,  as  the  case  may  be; 
a  copy  of  such  certificate  shall  be  delivered  by  the  Inspector  to 
each  Judge,  Clerk  and  AVatcher,  if  any,  in  the  precinct.  Qualifi- 
cations of  such  electors  at  such  primary  election  shall  be  the  same 
as  those  prescribed  in  Sections  3  and  4,  providing  for  the  election 
of  precinct  committeemen,  and  all  provisions  set  forth  in  such  sec- 
tions governing  the  right  to  challenge  and  the  form  of  affidavit  re- 
quired of  such  challenged  voters,  shall  apply  to  persons  seeking  to 
vote  at  such  primary  elections  as  provided  for  in  this  section. 
(R.  S.  1901,  §6339i.) 

254.  Tabulating  Returns. 

8.  Within  twenty-four  hours  after  the  receipt  of  the  certifi- 
cates and  ballots  by  such  county  or  city  chairman  from  the  several 
Precinct  Election  Boards,  such  county  or  city  chairman  shall  call 
together  such  Board  of  Primary  Election  Commissioners  and  shall 
tabulate  the  returns  made  by  such  several  Precinct  Election 
Boards,  and  the  person  receiving  the  highest  number  of  votes  for 
the  various  offices  balloted  for,  shall  be  declared  the  nominee  of 
the  party  for  such  ofiice.     (E.  S.  1901,  §6339 j.) 

255.  Delegates  to  Convention. 

9.  Should  such  meeting  of  precinct  committeemen,  pro- 
vided for  in  Section  6  herein,  determine  to  make  nominations  of 
party  candidates  by  delegate  convention,  such  county  or  city  chair- 
man shall,  not  less  than  two  weeks  prior  to  the  date  fixed  for  such 
delegate  convention,  issue  a  call  for  primaries  to  be  held  in  the 
several  precincts  for  the  election  of  delegates  to  such  convention. 
The  nimiber  of  delegates  to  which  each  precinct  shall  be  entitled 
shall  be  determined  by  the  Board  of  Primary  Election  Commis- 
sioners. Such  call  shall  also  fix  the  time  of  holding  such  delegate 
convention,  provided  that 'the  same  shall  be  held  not  more  than 
twenty-four  hours  after  the  election  of  such  delegates.  The  same 
provisions  shall  govern  such  primaries  for  the  election  of  dele- 
gates and  also  all  other  delegate  primaries  called  by  any  such  par- 
ty, as  are  hereinbefore  provided  for  in  Sections  3  and  4  of  this 
Act  governing  the  election  of  precinct  committeemen.  It  shall 
be  the  duty  of  such  county  or  city  chairman,  immediately  upon  the 
receipt  of  the  certificates  of  the  Inspectors  of  the  several  precincts, 
to  call  together  the  Board  of  Primary  Election  Commissioners, 
who  shall,  after  examination  of  the  certificates,  determine  any  con- 
tests, should  there  be  any,  and  issue  credentials  to  the  duly  elected 
delegates,  who  shall  meet  in  delegate  convention,  such  convention 
to  be  held  at  such  hour  and  place  as  shall  have  been  fixed  before 
the  election  of  such  delegates.     (R.  S.  1901,  §6339k.) 


130  GENEKAL    LAWS 

256.  Expenses. 

10.  The  expenses  necessary  to  carry  out  the  provisions  of 
this  Act  shall  be  borne  by  the  respective  party  organizations,  and 
no  part  thereof  shall  be  paid  from  the  public  funds.  (R.  S.  1901, 
§6339L) 

257.  Qualification  of  Members  of  Election  Board. 

11.  No  person  shall  be  eligible  as  a  member  of  any  Primary 
Election  Board  mentioned  herein,  either  as  Inspector,  Judge  or 
Clerk  thereof,  unless  he  be  at  the  time  a  qualified  voter  of  the  pre- 
cinct, and  shall  for  at  least  one  year  next  preceding  have  been  a 
resident  freeholder  and  householder  of  the  territory  at  the  time 
of  the  primary  embraced  in  the  precinct,  or  shall  have  been  for  at 
least  two  years  next  preceding  a  resident  householder  of  such  ter- 
ritory ;  but  no  person  shall  be  eligible  who  has  anything  of  value 
bet  or  wagered  on  the  results  of  such  primary,  or  who  is  a  candi- 
date to  be  voted  for  thereat,  or  who  is  a  father,  father-in-law,  son, 
son-in-law,  grandfather,  grandson,  brother,  brother-in-law,  uncle, 
nephew,  first  or  second  cousin  of  any  candidate  to  be  voted  for  at 
such  primary.  If  before  or  during  the  primary  mentioned  herein 
it  should  be  made  to  appear  by  affidavit  of  two  or  more  qualified 
voters  of  the  precinct  who  are  recognized  members  of  the  party 
holding  the  primary  any  membel"  of  the  Election  Board  is  ineligible 
under  the  provisions  of  this  Act,  he  shall  at  once  be  removed  from 
office  and  his  place  filled  by  the  remaining  members.  'No  primary 
election  shall  be  held  in  a  room  in  which  spirituous,  vinous,  malt 
or  other  intoxicating  liquors  are  kept  or  sold,  and  no  such  liquor 
shall  be  bought  or  drank  on  the  premises  during  such  primary 
election.     (R.  S.  1901,  §6339m.) 

258.  Poll-Books— Blanks. 

12.  The  county  or  city  chairman,  as  the  case  may  be,  shall 
deliver  to  the  Inspector  of  the  Election  Board  in  the  several  pre- 
cincts, more  than  three  days  prior  to  any  primary  election,  a  suit- 
able number  of  blank  forms  of  poll-books  prepared  to  contain  lists 
of  voters  who  shall  vote  at  such  primary,  for  use  thereat ;  and  also 
forms  for  election  returns,  with  the  proper  caption,  forms  of  oath, 
certificates,  tally  papers,  bags  and  sealing  wax  necessary  to  be  used 
at  such  primary  for  recording,  counting  and  the  return  of  the  votes 
cast  thereat.     (R.  S.  1901,  §6339n.) 

259.  Manner  of  Voting. 

13.  Upon  entering  the  room  at  any  primary,  provided  for 
herein,  the  voter  shall  announce  his  name  to  the  Clerks,  and  they 
shall  register  his  name  in  the  poll-book  of  voters,  and  if  unchal- 
lenged the  voter  shall  deliver  his  ballot  to  the  Inspector  or  to  the 


CONCERNING    ELECTIONS.  131 

Judge  who  is  temporarily  authorized  to  act  for  him,  and  shall 
forthwith  in  the  presence  of  the  voter  and  of  the  Election  Board 
deposit  the  ticket  in  the  ballot  box,  to  be  furnished  by  the  proper 
organization  holding  the  primary,  and  thereupon  the  clerks  shall 
write  to  [the]  word  "voted"  after  the  name  of  such  voter,  and  he 
shall  immediately  leave  the  room.     (E.  S.  1901,  §6330o.) 

260.  Illegal  Voting— Penalty. 

14.  Should  any  person  not  having  legal  qualifications  of  a 
voter,  under  this  law,  vote  or  oifer  to  vote  at  such  primary  elec- 
tion, he  shall  be  fined  not  more  than  $500  and  not  less  than  $10 
and  imprisoned  not  more  than  one  year,  nor  less  than  one  month, 
and  disfranchised  and  rendered  incapable  of  holding  any  office  of 
trust  or  profit  for  any  determinate  period.     (E.  S.  1901,  §6339p.) 

261.  Voting  in  Wrong  Precinct — Penalty. 

15.  Any  person  knowingly  voting,  or  offering  to  vote,  at  a 
primary  election,  in  any  precinct,  ward  or  township  except  the  one 
in  which  he  resides,  shall  be  fined  not  more  than  $500  and  not  less 
than  $10,  and  imprisoned  in  the  county  jail  for  not  more  than  one 
year  and  not  less  than  one  month,  and  disfranchised  and  rendered 
incapable  of  holding  any  office  of  trust  or  profit  for  any  determi- 
nate period.     (R.  S.  1901,  §6339q.) 

262.  Voting  More  Than  Once— Penalty. 

16.  Whoever  votes  more  than  once  at  any  primary  election 
in  this  State,  either  at  the  same  precinct,  or  ward,  or  different  pre- 
cincts or  wards,  shall  be  fined  not  more  than  $1,000  nor  less  than 
$50,  imprisoned  in  the  State  prison  not  more  than  five  years  and 
not  less  than  one  year,  and  disfranchised  and  rendered  incapable 
of  holding  any  office  of  trust  or  profit  for  any  determinate  period. 
(R.  S.  1901,  §6339r.) 

263    False  Affidavit. 

17.  Whoever  shall  knowingly  or  willingly  make  false  affi- 
davit under  any  of  the  provisions  of  this  Act  shall  be  deemed  guil- 
ty of  perjury,  and  shall  be  punished  in  accordance  with  the  general 
laws  of  this  State  relating  to  the  crime  of  perjury.  (R.  S.  1901, 
§6339s.) 

264.     Officer's  Neglect  of  Duty. 

18.  Any  officer  upon  whom  any  duty  is  imposed  by  this  Act 
who  shall  wilfully  neglect  the  execution  and  performance  of  such 
duty  or  do  any  act  prohibited  herein  for  which  punishment  is  not 
otherwise  provided  herein,  shall  be  deemed  guilty  of  felony  and 
upon  conviction  shall  be  imprisoned  for  not  more  than  three  years 
nor  less  than  six  months,  and  fined  not  more  than  three  thousand 


132  GENERAL    LAWS 

dollars  and  not  less  than  one  thousand  dollars,  and  be  disfran- 
chised for  a  determinate  period  of  not  less  than  ten  years.  (R. 
S.  1901,  §6339t.) 

265.  Selling  Vote— Penalty. 

19.  Whoever,  being  entitled  to  vote  at  any  primary  provided 
■for  herein,  or  being  a  delegate  at  any  convention  provided  for 
herein,  sells,  barters,  or  offers  to  sell  or  barter  his  vote,  or  offers 
to  refrain  from  voting  for  any  candidate  or  candidates  for  any 
office  for  money  or  property,  or  anything  of  value,  or  any  promise 
of  favor  or  hope  of  reward,  or  who  shall  accept  any  money,  prop- 
erty or  anything  of  value  with  the  promise  of  or  pretense  of  vot- 
ing for  or  refraining  from  voting  for  any  candidate  or  candidates, 
shall  be  guilty  of  felonj^,  and  upon  conviction  shall  be  imprisoned 
not  more  than  five  years  nor  less  than  two  years  in  the  State 
prison  and  shall  be  disfranchised  for  any  determinate  period  of  not 
less  than  ten  years.     (R  S.  1901,  §f)339u.) 

266.  Bribing  Election  Officers— Penalty. 

20.  If  anfy]  person  shall  induce,  or  attempt  to  induce,  any 
member  of  any  Primary  Election  Board  provided  for  herein,  or 
any  Clerk  thereof,  or  any  member  of  the  Board  of  Primary  Elec- 
tion Commissioners,  or  any  officer  of  any  political  organization  to 
violate  any  of  the  provisions  of  this  Act,  whether  or  not  such 
member  of  any  Election  Board,  or  Clerk  thereof,  or  member  of 
the  Board  of  Election  Commissioners,  or  officers  of  any  political 
organization  shall  violate  or  attempt  to  violate  any  of  the  provi- 
sions of  this  Act,  such  person  shall  be  deemed  guilty  of  a  felony, 
and  upon  conviction  shall  be  imprisoned  in  the  State's  prison  not 
less  than  two  years  and  not  more  than  five,  and  shall  be  disfran- 
chised for  any  determinate  period  of  not  less  than  ten  years. 
(R.  S.  1901,  §6339v.) 

267.  Informal  Papers — Examining  Papers. 

21.  'No  tally  paper,  poll-book  or  certificate  returned  from 
any  primary  election  precinct  shall,  in  the  absence  of  fraud,  be 
rejected  for  want  of  form,  or  for  lack  of  being  strictly  in  accord- 
ance v/ith  the  directions  herein  contained,  if  the  same  can  be  satis- 
factorily understood.  The  Board  of  Primary  Election  Commis- 
sioners may,  if  they  deem  it  necessary  to  clearly  understand  the 
returns  from  any  precinct,  open  the  sealed  bag  in  the  custody  of 
the  chairman,  containing  one  of  the  poll-books  and  tally  sheets 
and  ballots  cast,  and  examine  and  compare  them.  They  shall 
again  seal,  with  the  papers  placed  therein,  as  before  opened.  The 
board  shall  in  no  case  reject  the  returns  from  any  precinct,  if  the 
same  be  certified  by  the  Board  of  Election  of  that  precinct  as  re- 


CONCERNING    ELECTIONS.  133 

quired  by  law,  or  can  be  satisfactorily  understood.     (R.  S.  1901, 
§6339w.) 

268.  Altering  or  Destroying  Returns — Penalty. 

22.  Any  Inspector  or  Judge  of  a  Primary  Election  Board,  or 
any  person  acting  for  any  of  them,  or  any  Clerk  of  any  such  board, 
or  any  member  of  the  Board  of  Primary  Election  Commissioners, 
or  any  officer  of  any  political  organization  who  shall,  with  intent 
to  cheat  or  defraud,  alter  any  primary  election  returns  as  made 
by  the  board  of  any  voting  precinct,  or  who  shall  intentionally  de- 
stroy, misplace  or  lose  any  poll-book,  tally  sheet  or  ballot,  or  any 
person  who,  with  intent  to  cheat  or  defraud,  shall  alter  in  any  way 
the  vote  of  any  candidate,  or  any  person  in  custody  of  any  such 
returns  made  by  any  precinct  Election  Board,  or  any  member  of 
the  Board  of  Primary  Election  Commissioners  who  shall  consent 
to  and  permit,  or  make  any  such  alterations  of  such  returns,  poll- 
books,  tally  sheets  or  ballots,  shall  be  fined  not  more  than  $1,000 
and  not  less  than  $50,  and  imprisoned  in  the  State  prison  not  more 
than  five  nor  less  than  one  year,  and  disfranchised  and  rendered 
incapable  of  holding  any  office  of  trust  or  profit  for  [any]  deter- 
minate period.     (R.  S.  1901,  §6339x.) 

269.  Candidate's  Expense  Account,  Filing. 

23.  Any  candidate  for  any  county,  township,  city  or  munici- 
pal office  voted  for  at  any  convention  or  primary  provided  for 
herein  shall,  within  ten  days  after  such  primary  or  convention  at 
which  such  candidate  has  been  voted  for,  file  in  the  office  of  the 
County  or  City  Clerk,  as  the  case  may  be,  his  itemized  verified 
statement  of  the  moneys  expended  by  him  for  the  purpose  of  such 
candidacy ;  any  person  who  is  such  candidate  and  fails  to  file  such 
itemized,  verified  statement  shall  be  fined  not  more  than  $500  nor 
less  than  $50  and  disfranchised  and  rendered  incapable  of  holding 
any  office  of  trust  or  profit  for  anv  determinate  period.  (R.  S. 
1901,  §6339y.) 

270.  Laws  Repealed. 

24.  All  laws  and  parts  of  laws  in  conflict  with  the  provi- 
sions of  this  Act  are  hereby  repealed.     (R.  S.  1901,  §6339z.) 

271.  Committee's  Statement  as  to  Nominations. 

25.  In  any  county  of  this  State  in  which  there  is  no  city 
having  a  population  of  fifty  thousand,  or  more,  according  to  the 
last  preceding  United  States  census,  should  it  be  determined*  by 
the  central  committee  (composed  of  the  precinct  committeemen)  of 
the  county,  townshiy>,  city  or  toA^Tl,  as  the  case  may  be,  to  nomi- 
nate candidates  to  be  voted  for  at  the  next  ensuing  election,  in  said 


134  GENERAL    LAWS 

county,  township,  city  or  town,  as  the  case  may  be,  under  the  pro- 
visions of  this  Act,  by  a  direct  vote  of  the  electors  at  a  primary 
election,  or  by  delegate  convention,  then  a  statement  in  writing  of 
such  determination  of  said  committee,  verified  by  the  chairman 
and  secretary  thereof,  shall  be  filed  in  the  office  of  the  Clerk  of 
the  Circuit  Court  of  the  county.  City  Clerk  or  Town  Clerk,  or 
To^vnship  Trustee,  as  the  case  may  be,  then  all  candidates  for 
office  to  be  voted  for  on  the  ticket  of  said  party  at  the  next  ensuing 
election  in  said  county,  city,  town  or  township,  and  delegates  to  a 
convention  to  nominate  such  officers  shall  be  chosen  under  and  by 
the  provisions  of  this  Act,  not  otherwise,  and  all  the  provisions 
of  this  Act  shall  be  applicable  thereto,  and  also  said  bill  be 
amended  by  numbering  Section  25  Section  26.  (E.  S.  1901, 
§6339al.) 

[Acts  1905,  p.  122.     Approved  March  3,  1905.] 

272.  Counties  with  City  of  36,500  to  43,000— Primary  Election- 

Date. 

1.  That  on  the  first  Tuesday  after  the  second  Monday  in 
June  prior  to  any  general  election  a  primary  election  shall  be  held 
for  the  purpose  of  nominating  all  candidates  to  be  voted  for,  for 
any  office,  by  the  electors  of  only  one  county  or  any  subdivision 
thereof;  and  for  the  purpose  o,f  electing  precinct  committeemen 
and  delegates  to  nominating  conventions,  to  nominate  all  candi- 
dates to  be  voted  for  by  the  electors  of  more  than  one  county: 
Provided,  further.  That  in  case  of  any  election  not  held  on  the 
first  Tuesday  after  the  first  Monday  in  l*^ovember,  the  primary 
election  for  such  elections  shall  be  held  on  the  seventh  Tuesday 
prior  thereto;  that  this  act  shall  not  apply  to  the  election  of  dele- 
gates to  any  national,  state  or  congressional  convention,  nor  to  any 
political  party  which  did  not  cast  ten  per  cent,  of  the  votes  cast  at 
the  last  preceding  general  election  for  Secretary  of  State,  nor  to 
any  county  except  such  as  contained  within  its  limits  a  city  having 
a  population  of  not  less  than  thirty-six  thousand  five  hundred,  nor 
more  than  forty-three  thousand,  according  to  the  last  precedina; 
United  States  census.     (K.  S.  1905,  §6339bl.) 

273.  General  Laws  Applied. 

2.  Such  primary  election  shall  be  governed  by  the  laws  now 
in  force  or  hereafter  enacted  governing  general  elections,  except 
as  in  this  Act  expressly  otherwise  provided.  (K.  S.  1905, 
§6339cl.) 

274:    Precinct  Boundaries — Election  of  Committeeman  and  Dele- 
gates. 

3.  The  boundaries  of  precincts  at  any  primary  election 
shall  be  the  same  as  at  the  ensuing  general  electiou.     Each  po- 


CONCEKNING    ELECTIONS.  135 

litical  party,  within  the  purview  of  thib  act,  shall,  at  such  primary 
election,  elect,  in  each  precinct,  one  precinct  committeeman  and  as 
many  delegates,  or  joint  delegates,  to  each  nominating  convention 
of  the  party  as  may  be  allotted  to  the  precinct  by  the  county  cen- 
tral committee  of  the  party.  Such  committee  shall  also  have  pow- 
er to  appoint  precinct  committeemen  and  delegates  to  nominating 
conventions,  in  case  of  vacancies  occurring,  in  any  of  said  offices 
subsequent  to  such  primary  election,  and  to  allot  the  election  of 
delegates  to  the  several  precincts  or  to  any  group  or  groups  of 
precincts  within  a  single  township  of  the  county,  which  allot- 
ment shall  be  made  as  nearly  as  practicable  according  to  the 
ratio  of  the  party  vote  of  such  precincts  for  Secretary  erf  State  at 
the  last  preceding  general  election.  'No  person  shall  be  eligible 
by  election,  or  by  appointment,  to  the  office  of  precinct  commit- 
teeman or  delegate  to  any  nominating  convention,  or  to  hold  or 
continue  in  any  such  office  who  is  not  an  elector  and  bona  fide  resi- 
dent of  the  precinct  or  group  of  precincts  he  represents.  (R.  S. 
1905,  §6339dl.) 

275.  Application  by  Candidates — Filing — Fee. 

4.  Any  person  desiring  to  be  a  candidate  at  any  such  pri- 
mary election  shall  file  with  the  Clerk  of  the  Circuit  Court  at  least 
fifteen  and  not  more  than  twenty  days  prior  to  such  election,  an 
application,  subscribed  and  sworn  to  by  him,  stating  his  name, 
name  of  his  party,  his  place  of  residence,  the  office  he  desires,  that 
he  is  eligible  thereto,  and  requesting  that  his  name  be  placed  upon 
the  ballot  for  the  ensuing  primary  election  as  a  candidate  for  such 
office.  Such  application  shall  be  filed  and  numbered  in  the  same 
orders  in  which  they  are  presented.  If  the  office  sought  be  lucra- 
tive the  person  filing  such  application  shall  therewith  pay  to  such 
Clerk  the  sum  of  twenty-five  dollars,  if  the  annual  emoluments  of 
the  office  desired  exceed  five  hundred  dollars,  otherwise,  ten  dol- 
lars, the  same  to  go  into  and  be  used  as  a  fund  to  defray  the  ex- 
penses of  such  election:  Provided,  That  any  fifty. electors  of  the 
county  may,  at  any  time  not  less  than  fifteen  nor  more  than  twen- 
ty days  prior  to  such  primary  election,  by  a  petition  filed  with  the 
said  Clerk,  present  as  a  candidate  for  any  office  to  be  voted  for  at 
such  election  any  citizen  who  is  eligible  to  such  office ;  and  on  the 
payment  of  the  fees  above  prescribed  his  name  shall  be  placed 
upon  the  ballot  as  in  case  of  individual  applications.  (K.  S.  1905, 
§6339el.) 

276.  Color  of  Tickets. 

5.  The  names  of  all  persons  to  be  voted  for,  at  any  primary 
election,  by  the  electors  of  a  single  township  or  any  subdivision 
thereof,  excepting  at  the  primary  elections  of  towns  and  cities, 


136  GENERAL   LAWS 

shall  be  placed  upon  the  yellow,  or  township,  ballot;  and  the 
names  of  all  persons  to  be  voted  for  at  such  election,  by  all  the 
electors  of  a  single  county,  shall  be  placed  upon  the  white,  or  coun- 
ty, ballot.     (§6339fl.) 

277.    Primary  Ballots— Form. 

6.  Primary  election  ballots  shall  bear  on  their  face  no  word, 
emblem,  device  or  ornamentation  except  as  in  this  section  indi- 
cated and  provided.  Across  the  head  of  the  ballot  shall  be  the 
words,  "Make  a  cross  thus  X  in  the  square  at  the  left  of  the  name 
of  each  person  you  wish  to  vote  for;  and  vote  only  for  candidate 
of  one  political  party."  Following  these  words  shall  be  the  list 
of  candidates,  headed  by  words  indicating  the  party  to  which  such 
candidates  belong;  each  list,  together  with  the  squares  at  the  left 
of  the  names,  enclosed  within  a  rectangle ;  the  names  of  all  candi- 
dates for  the  same  office  grouped  together ;  each  group  separated 
from  the  group  following  by  a  black-faced  line ;  the  groups,  in  all 
the  lists  standing  in  the  same  order;  with  equal  space  allowed,  in 
all  the  lists,  to  groups  for  the  same  office.  At  the  head  of  each 
group  of  candidates  and  within  the  rectangle  enclosing  the  group 
shall  be  the  name  or  title  of  the  office  for  which  the  persons  named 
in  the  group  are  candidates,  preceded  by  the  word  'Tor,"  and  in 
case  more  than  one  person  is  to  be  elected  to  such  office,  followed 

by  the  words,  "Vote  for ,"  filling  the  blank  with  the 

word  indicating  the  number  to  be  voted  for.  The  names  of  all 
candidates  in  each  group  shall  be  placed  in  the  same  order  in  which 
the  applications  were  filed.  Candidates  for  election  as  committee- 
men and  delegates  to  nominating  conventions  shall  be  grouped  at 
the  end  of  the  list  of  candidates  in  the  following  order:  Joint 
senatorial,  joint  representative  and  precinct  committeemen.  The 
space  allowed  for  the  name  of  each  candidate  shall  be  three-eighths 
of  an  inch.  The  squares  at  the  left  of  the  names  shall  be  one- 
quarter  of  an  inch.  The  intention  of  this  section  is  that  the  said 
ballots  shall  be  in  the  following  form : 


CONCERNING    ELECTIONS. 


137 


"Make  a  cross,  thus  X  in  the  square  at  the  left  of  the  name 
of  each  person  you  wish  to  vote  for;  and  vote  only  for  candidates 
of  one  political  party." 


DEMOCRATIC    CANDIDATES. 


REPUBLICAN   CANDIDATES. 


For 

D 

n 

D 

For 

n 

D 
D 


For 

D 
D 


For 

n 
a 


(R.  S.  1905,  §6339  gl.) 

278.  Qualification  of  Voter. 

7.  Any  person  who  shall  be  entitled  to  vote  at  any  general 
election  shall  be  entitled  to  vote  at  the  preceding  primary  election ; 
but  if  any  voter  attempts  to  vote  for  any  of  the  candidates  of  more 
than  one  political  party,  at  any  primary  election,  such  attempt 
shall  be  deemed  to  be  a  distinguishing  mark  and  shall  invalidate 
the  ballot.     (R.  S.  1905,  §6339hl.) 

279.  Booths— Closing  of  Polls. 

8.  There  shall  be  provided,  in  each  precinct,  at  least  one 
additional  booth,  for  each  two  hundred  voters  in  the  precinct  in 
excess  of  three  hundred,  and  the  polls  may  be  kept  open  until  eight 
o'clock  p.  m. :  Provided,  That  if  more  than  fifteen  minutes  pass 
at  any  time  after  six  o'clock  p.  m.  without  the  offer  of  a  vote  the 
polls  shall  be  closed.     (R.  S,  1905^,  §633911.) 


138  GENERAL    LAWS 

280.  Nominees — How  Determined. 

9.  The  person,  in  each  party,  Avho  receives  at  anv  primary 
election,  the  highest  number  of  legal  votes  for  any  public  office, 
shall  be  the  nominee  of  his  party  for  said  office  at  the  ensuing 
general  election;  and  the  person  receiving  the  highest  number  of 
legal  votes  for  any  party  office,  shall  be  declared  to  be  the  choice 
of  his  party  for  such  office.  If  two  or  more  persons  shall  receive 
the  highest  and  an  equal  number  of  votes  for  the  same  office,  tlio 
canvassing  board  shall  immediately,  upon  the  con:^lusion  of  a  count 
and  before  certifying  the  result  determine  by  lot  tlie  person  entitled 
to  the  office.  Certificates  of  election  shall  be  given  by  the  Town- 
ship Board  of  Canvassers  to  the  persons  elected  to  party  offices, 
and  the  nomination  of  candidates  for  public  offices  irhall  be  certi- 
fied by  the  proper  township  or  county  canvassing  board,  as  in  case 
of  nominations  by  conventions.     (11.  S.  1905,  §6339jl.) 

281.  City  or  Town  Officers. 

10.  In  case  of  any  primary  election,  preceding  any  general 
election  in  any  city  or  town  for  the  election  of  city  or  town  officers 
only,  any  person  desiring  to  be  a  candidate  at  such  primary  elec- 
tion shall  file  his  application  with  the  city  or  town  clerk ;  and  the 
duties  of  this  act  required  to  be  performed  by  township  and  county 
officers  and  boards,  shall  be  performed  by  corresponding  city  or 
town  officers  and  boards.     (E.  S.  1905,  §6339kl.) 

282.  Contest. 

11.  Any  elector  v/ho  had  a  right  to  vote  for  any  candidate, 
at  any  such  primary  election,  may  contest  the  election  of  such 
candidate  before  the  County  Central  Committee  of  the  party  to 
which  the  contestee  belongs,  which  committee,  in  case  of  a  contest, 
shall  meet  at  the  court  house  on  the  second  Tuesday  following 
such  election  and  proceed  summarily  to  hear  and  determine  such 
contest,  and  its  decision  shall  be  final.  The  contestor,  on  or  before 
the  first  Tuesday  after  such  election,  shall  file  with  the  Clerk  of 
the  Circuit  Court  his  exceptions  in  duplicate,  stating  the  grounds 
of  the  contest.  The  Clerk  shall  immediately  publish  notice  of 
such  contest  in  some  newspaper  of  the  county,  send  notice  thereof 
by  m.ail  to  each  member  of  such  central  committee  and  cause  a 
certified  copy  of  such  exceptions  to  be  delivered  to  the  contestee. 
For  the  purpose  of  such  contest  all  papers  returned  by  boards  of 
elections  shall  be  preserved  until  such  contests  are  decided.  (R.  S. 
1905,  §633911.) 

283.  Repeal. 

12.  All  laws  and  parts  of  laws  in  conflict  with  this  act  are 
hereby  repealed. 

[Acts  1905,  p.  122.1 


CONCERNING    ELECTIONS.  139 

CHAPTER  7. 


SCHOOL  COMMISSIONERS. 

SKC,  SEC. 

284.  Board    of    School    Cominissiouers.  1:86.    Term    of    office— Nomiuatioiis. 

285.  Qualiticatious  of  members.  287.    Organization   of   first   Board. 

[1899,  p.  434.     Approved  and  in  force  March  4,  1899.] 

284.  Board  of  School  Commissioners. 

1.  The  government  of  common  schools  in  cities  of  one  hun- 
dred thousand  or  more  inhabitants,  according  to  the  last  United 
States  census,  shall  be  vested  in  a  Board  of  School  Commission- 
ers, which  shall  consist  of  five  School  Commissioners.  The  said 
Board  of  School  Commissioners  shall  have  and  exercise  all  the 
powers  now  conferred  by  an  Act  of  the  General  Assembly  of  this 
State,  approved  March  3,  1871,  entitled  "An  Act  providing  for  a 
general  system  of  common  schools  in  all  cities  of  thirty  thousand 
or  more  inhabitants,  and  for  the  election  of  a  Board  of  School 
Conmiissioners  for  such  cities  and  defining  their  duties  and  pre- 
scribing their  powers,  and  providing  for  common  school  libraries 
within  such  cities,"  and  all  acts  amendatory  thereof  and  supple- 
mental thereto;  and  also  all  powers  now  conferred  by  law  on 
Boards  of  School  Commissioners  in  cities  of  thirty  thousand  or 
more  inhabitants,  according  to  the  United  States  census  of  1870, 
as  well  as  the  powers  now  conferred  by  law  on  Boards  of  School 
Commissioners  in  cities  of  one  hundred  thousand  or  more  inhabit- 
ants, except  as  otherwise  herein  provided.  And  said  Board  of 
School  Commissioners  provided  for  by  this  act  shall  assume,  pay 
and  be  liable  for  all  the  indebtedness  and  liabilities  of  Boards  of 
School  Commissioners  heretofore  elected  under  the  above  de- 
scribed acts.     (R.  S.  1901,.§3904x.) 

285.  Qualifications  of  Members. 

2.  The  nrembers  of  such  Board  of  School  Commissioners 
shall  be  at  least  twenty-five  years  of  age,  residents  of  the  city,  and 
shall  have  been  such  residents  for  at  least  three  years  immediately 
preceding  their  election.  They  shall  be  ineligible  to  any  elective 
or  appointive  office  under  such  Board  of  School  Commissioners  and 
under,  the  government  of  such  city  while  holding  membership  in 
said  Board.  They  shall  not  be  interested  in  any  contract  with  or 
claim  against  the  school  city  in  which  they  are  elected,  either  di- 
rectly or  indirectly.  If  at  any  time  after  the  election  of  any  mem- 
ber of  said  Board,  he  shall  become  interested  in  any  such  contract 
with  or  claim  against  said  school  city,  he  shall  thereupon  be  dis- 


140  GENERAL    LAWS 

qualified  to  continue  as  a  member  of  said  Board,  and  a  vacancy 
shall  thereby  be  created.  Every  member  of  said  Board  shall,  be- 
fore assuming  the  duties  of  his  office,  take  an  oath  before  some 
one  qualified  to  administer  oaths  that  he  possesses  all  of  the  quali- 
fications-required by  this  Act,  that  he  will  honestly  and  faithfully 
discharge  the  duties  of  his  office,  that  he  will  not,  while  serving 
as  a  member  of  such  Board,  become  interested,  directly  or  in- 
directly, in  any  contract  with  or  claim  against  said  school  city,  and 
that  he  will  not  be  influenced  during  his  term  of  office  by  any  con- 
sideration of  politics  or  religion  or  anything  except  that  of  merit 
and  fitness  in  the  appointment  of  officers  and  the  engagement  of 
employes.  No  compensation  shall  be  received  by  members  of  the 
Board,  but  they  shall  be  exempt  from  jury  duty  during  their  term 
of  office.     (R.  S.  1901,  §3904y.) 

[Acts  1903,  p.  5.     Approved  January  29,  1903.] 

286.    Term  of  Office— Nominations. 

3.  The  said  Board  of  School  Commissioners  shall  be  elected, 
except  as  specified  in  Section  four  of  this  act,  on  a  general  ticket 
for  the  term  of  four  years,  by  the  voters  of  such  city  qualified  to 
vote  at  its  city  elections.  The  members  of  such  Board  shall  be 
elected  at  the  regular  city  election  of  such  civil  city,  and  shall  be 
taken  from  the  city  at  large  without  reference  to  districts,  and 
such  elections  shall  be  held  under  the  provisions  of  the  general 
laws  governing  such  city  elections,  so  far  as  they  are  not  incon- 
sistent with  the  provisions  of  this  act.  The  expense  of  such  elec- 
tion, except  that  of  printing  the  ballots,  shall  be  borne  by  the  civil 
city.  Not  later  than  forty  days  before  any  election  for  members 
of  the  Board  of  School  Commissioners,  provided  for  in  this  act, 
householders  of  said  city  may  present  names  of  candidates  for  elec- 
tion as  members  of  said  Board  of  School  Commissioners  by  filing 
the  nominations  in  the  office  of  the  comptroller  of  said  city  in  the 
•  manner  following:  Each  candidate  shall  be  proposed  in  writing 
by  not  fewer  than  three  hundred  householders  of  said  city.  No 
more  than  one  candidate  may  be  named  in  any  one  petition  and 
no  person  may  sign  more  than  one  petition  for  any  one  election. 
Upon  the  filing  of  such  petitions  in  the  office  of  the  comptroller,  as 
aforesaid,  the  comptroller  shall  place  the  same  in  the  public  files 
of  his  office  and  for  five  days,  the  last  of  which  shall  be  not  less 
than  thirty  days  before  the  election,  he  shall  publish  the  names 
proposed  in  two  daily  newspapers  of  the  city,  and  at  the  time  re- 
quired by  law  shall  certify  such  nominations  to  the  regular  Board 
of  Election  Commissioners  for  said  city  election.  Any  one  thus 
nominated  may  withdraw  his  nomination  by  a  written  declination 
filed  with  the  comptroller  before  the  certification  of  the  same  as 
aforesaid.     The  comptroller  shall  not  certify  or  publish  the  name 


CONCERNING    ELECTIONS.  141 

of  any  candidate  who  shall  appear  to  be  ineligible  under  the  pro- 
visions of  Section  2  of  this  act.  The  election  commissioners  shall 
prepare  ballots  the  color  and  quality  of  whose  paper  shall  be  the 
same  as  that  of  the  regular  city  ballots.  The  ballots  so  prepared 
shall  contain  the  names  of  all  such  candidates  arranged  in  alpha- 
betical order  in  columns  according  to  the  following  method.  The 
names  of  candidates  for  each  term  shall  be  printed  in  a  separate 
column,  those  for  the  regular  term  in  the  first  column  and  those 
to  fill  vacancies  in  the  second  column,  and  such  names  shall  be 
printed  upon  the  ballots  in  rotation  in  such  manner,  as  nearly  as 
possible,  that  the  name  of  each  candidate  shall  appear  at  the  head 
of  the  column  for  his  term,  whether  the  regular  or  the  vacancy 
term,  as  often  as  that  of  any  other  such  candidate  shall  so  appear, 
and  in  the  second  place  a  like  number  of  times,  and  so  on.  In 
printing  the  ballots,  the  positions  of  the  several  names  shall  be 
changed  as  many  times  as  there  are  candidates  to  be  voted  for. 
In  changing  the  positions,  the  printer  shall  take  the  name  at  the 
head  of  the  column  and  put  it  at  the  foot,  raising  the  remainder 
of  the  column  so  that  the  name  that  was  second  before  the  change 
shall  be  first  after  the  change.  After  the  ballots  are  printed  they 
shall  be  kept  in  separate  piles,  one  pile  for  each  change  of  position, 
and  then  gathered  by  taking  one  from  each  pile  and  placing  it 
upon  the  pile  to  be  blocked  in  such  a  way  that  every  block  of  one 
hundred  ballots  (and  all  ballots  shall  be  sent  out  in  blocks  of  one 
hundred  each)  shall  have  as  nearly  as  possible  an  equal  number 
of  ballots  of  each  kind,  and  the  name  of  each  candidate  thereon 
shall  appear  severally  in  first,  second,  third  and  fourth  place,  and 
so  on,  upon  the  several  ballots  an  equal  number  of  times  with  each 
of  the  other  candidates  for  the  said  term.  There  shall  be  nothing 
on  the  face  of  said  ballots  except  as  otherwise  provided  herein  and 
except  the  names  of  the  candidates  and  the  respective  terms  for 
which  they  are  candidates,  together  with  a  square  in  front  of  each 
name  and  a  statement  at  the  head  of  each  column  of  the  number 
of  candidates  for  that  term  for  whom  the  elector  may  vote,  and 
that  the  elector  shall  indicate  his  choice  by  marking  a  cross  in  the 
square  opposite  the  name  of  each  candidate  for  whom  he  votes, 
and  not  elsewhere.  Such  ballots  shall  be  voted  at  the  regular 
city  election  and  deposited  in  a  separate  ballot  box  to  be  provided 
for  the  purpose.  Each  elector  may  vote  for  as  many  candidates  as 
there  are  members  to  be  elected  by  marking  a  cross  in  the  square 
opposite  the  name  of  each  candidate  for  whom  he  votes.  ISio  elec- 
tion officer,  challenger,  or  poll-book  holder  shall  indicate  to  any 
elector  offering  himself  to  vote  what  he  believes  or  understands 
to  be  the  political  affiliation  of  any  candidate  for  School  Commis- 
sioner. The  candidates,  in  number  equal  to  the  number  of  mem- 
bers to  be  chosen,  for  the  respective  terms  for  which  they  shall 


142  GENERAL    LAWS 

have  been  nominated,  who  have  the  highest  number  of  votes  of 
those  cast  for  such  term,  shall  be  declared  elected.  If  at  any  elec- 
tion a  member  is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out  an 
unexpired  term,  candidates  may  be  chosen  as  above  provided,  but 
they  shall  in  all  cases  be  nominated  or  proposed  for  such  vacancy 
and  designated  in  the  petition  and  on  the  ballot  as  candidates  to 
fill  such  vacancy,  and  the  date  of  the  expiration  of  the  unexpired 
term  shall  be  stated.  The  vacancies  in  said  Board  of  School  Com- 
missioners shall  be  filled  temporarily  by  the  Board  as  soon  as  prac- 
ticable after  such  vacancy  occurs.  Such  member  so  chosen  shall 
hold  office  until  his  successor  be  elected  and  qualified.  His  suc- 
cessor shall  be  elected  at  the  next  regular  city  election,  when  the 
vacancy  shall  be  filled  for  the  remainder  of  the  term.  Any  per- 
son violating  any  of  the  provisions  of  this  section  shall  be  fined 
upon  conviction  in  any  sum  not  exceeding  two  hundred  dollars. 
(R  S.  1905,  §3656.) 

287.     Organizatian  of  First  Board. 

4.  At  the  city  election  occurring  on  the  second  Tuesday  of 
October,  1899,  five  members  of  the  Board  of  School  Commission- 
ers shall  be  elected  to  serve  as  herein  provided.  They  shall  as- 
sume office  on  the  first  day  of  January,  1900,  and  shall  meet  at 
the  office  of  the  present  Board  of  School  Commissioners  of  such 
city  at  twelve  o'clock  noon,  and  shall  proceed  to  organize.  Within 
one  week  after  the  organization  of  said  elected  Board  they  shall 
meet  to  divide  themselves  by  lot,  in  such  manner  as  they  shall 
determine,  into  two  classes,  as  follows :  The  first  class,  consisting 
of  three  members,  shall  hold  office  through  the  31st  day  of  De- 
cember, 1901.  The  second  class,  consisting  of  two  members,  shall 
hold  office  through  the  31st  day  of  December,  1903.  Thereafter, 
regular  elections  of  members  of  the  Board  of  School  Commission- 
ers shall  occur  at  the  regular  city  elections,  held  on  the  second 
Tuesday  of  October  of  each  alternate  3^ear.  In  tlie  year  1901, 
and  every  fourth  year  thereafter,  three  members  shall  be  elected. 
In  the  vear  1903,  and  every  fourth  year  thereafter,  two  members 
shall  be  elected.     (R.  S.  1901,  §3904al.) 

Note — The  remainder  of  this  act  has  nothing  to  do  with  the  election 
of  School  Commissioners  or  their  qualifications. 


CONCERNING    ELECTIONS.  143 

CHAPTER  8. 


CITY  AND  TOWN  ELECTIONS. 

SEC.  SEC. 

288.  Survey  and  map.  304.    Vacancy  in  board. 

289.  Census.  305.    Dissolution  proceedings. 

290.  Survey,  map  and  census  made  pub-       306.    Unions  of  adjoining  cities  or  towns 

lie.  —Procedure. 

291.  Application  to  County  Commission-       307.    Eligible  to  office. 

ers.  308.    Eligible   to   vote. 

292.  Hearing  and  order.  309.    Voting  precincts. 

293.  Notice  to  voters,  County  Auditor.  310.    Petition,  census. 

294.  Polls,   how   long  open.  311.    Election   board,   duties,    ballots,   re- 

295.  Election   Board.  turns. 

296.  Election,    effect,    expenses.  312.    Town    becomes   city,    wards,    terms 

297.  Ward    boundaries.  of  office. 

298.  Corporation,  election  notice.  313.    City     officers,     terms,     jurisdiction, 

299.  Election   inspectors.  successors. 

300.  Election   precincts.  '      314.    City    judge,    election,     term,     etc., 
.301.  Elective  officers,  terms.  jurisdiction. 

302.  Wlien  elected,   tie  vote,   certificate.        315,    Water     works,     gas     worlis,     etc., 

303.  Clerk  Circuit  Court,  record  fee.  l)0uds,    public   utilities,    elections. 

[Acts  1905,  p.  219.     Approved  March  6,  1905.] 

288.  Survey  and  Map. 

1.  That  persons  intending  to  make  application  for  the  in- 
corporation of  a  toA^Ti,  as  hereinafter  provided,  shall  cause  an 
accurate  survey  and  map  to  be  made  of  the  territory  proposed  to  be 
embraced  within  the  limits  of  such  town.  Such  survey  shall  be 
made  by  a  practical  surveyor,  and  shall  show  the  courses  and  dis- 
tances of  the  boundaries  of  such  territory,  and  the  quantity  of  land 
contained  therein ;  and  the  accuracy  of  the  survey  and  map  shall  be 
verified  by  the  affidavit  of  the  surveyor,  written  thereon  or  attached 
thereto.    7r  S.  1905,  §3767.) 

289.  Census. 

2.  Such  persons  shall  also  cause  an  accurate  census  to  be 
taken  of  the  resident  population  of  such  territory,  as  it  may  be  on 
some  day  not  more  than  thirty  days  previous  to  the  time  of  pre- 
senting such  application  to  the  Board  of  Commissioners,  as  here- 
inafter provided ;  which  census  shall  exhibit  the  name  of  every 
head  of  a  family  residing  within  such  territory  on  such  day,  and 
the  number  of  persons  then  belonging  to  every  such  family;  and 
the  census  shall  be  verified  by  the  affidavit  of  the  persons  taking 
the  same.     (R  S.  1905,  §8768.) 

290.  Survey,  Map  and  Census  Made  Public. 

3.  Such  survey,  map  and  census,  when  completed  and  veri- 
fied, shall  be  left  at  some  convenient  place  within  such  territory, 
for  examination  by  those  having  an  interest  in  the  organization  of 
such  town,  for  a  period  of  not  less  than  twenty  days  before  the 


144  GENERAL   LAWS 

presentation  of  the  application  to  the  Board  of  Commissioners  of 
the  county.  ^^Totice  of  the  intention  to  present  such  application 
and  of  the  place  where  the  same  is  left  for  examination,  shall  be 
given  by  publication  once  in  some  newspaper  published  within 
such  territory,  if  any  there  be,  and,  if  not,  by  posting  in  three 
public  places  therein,  which  notice  by  publication  or  posting  shall 
be  given  not  less  than  twenty  days  before  the  first  day  of  the  regu- 
lar session  of  the  Board  of  Commissioners  at  which  such  applica- 
tion is  to  be  presented.     (E.  S.  1905,  §3769.) 

291.  Application  to  County  Commissioners. 

4.  Such  application  shall  be  by  petition  to  the  Board  of 
Commissioners  of  the  county  in  which  such  territory  or  the  greater 
part  thereof  is  situated,  which  petition  shall  be  subscribed  by  not 
less  than  one-third  of  the  whole  number  of  the  qualified  voters  re- 
siding within  such  territory,  as  shown  by  such  census.  The  peti- 
tion shall  set  forth  the  boundaries  of  the  territory,  the  quantity 
of  land  embraced  therein  and  the  resident  population,  and  shall 
be  duly  verified  by  one  or  more  of  the  petitioners.  Such  petition, 
together  with  the  survey,  map  and  census,  shall  be  filed  with  the 
county  Auditor  at  or  before  the  time  indicated  in  the  notice  of 
application,  and  shall  by  such  Auditor  be  presented  to  such  county 
board,  and  be  acted  upon  by  the*  board  as  soon  thereafter  as  the 
same  can  be  considered.     (R  S.  1905,  §3770.) 

292.  Hearing  and  Order. 

5.  The  Board  of  Commissioners,  in  hearing  such  applica- 
tion, shall  first  require  proof  that  the  survey,  map  and  census  were 
subject  to  examination  in  the  manner  and  for  the  time  required  by 
Section  three  of  this  act,  and  that  the  notice  in  said  section  pre- 
scribed was  duly  given ;  and  if  such  Board  be  satisfied  that  the  re- 
quirements of  this  act  have  been  fully  complied  with,  it  shall 
make  an  order  declaring  that  such  territory  shall,  with  the  assent 
of  the  qualified  voters  thereof,  as  hereinafter  provided,  be  an  in- 
corporated town,  by  the  name  specified  in  such  application,  pro- 
vided such  name  differ  from  that  of  every  other  town  in  the  State ; 
and  the  Board  shall  include  in  such  order  a  requirement  for  notice 
of  a  meeting  of  the  qualified  voters  resident  in  the  territory,  at  a 
convenient  place  therein,  to  be  named  by  the  Board,  and  on  a  day 
within  one  month  after  such  order,  to  determine  whether  such 
territory  shall  be  an  incorporated- town.     (K.  S.  1905,  §3771.) 

293.  Notice  to  Voters — County  Auditor. 

(>.  The  county  Auditor,  in  pursuance  of  such  order  of  the 
Board,  shall  give  ten  days'  notice  of  such  meeting  of  the  electors, 
by  publication  in  a  newspaper,  if  one  be  priuted  in  such  territory ; 


CONCERNING    ELECTIONS.  145 

and,  if  not,  by  posting  copies  of  such  notice  in  not  less  than  ten 
public  places  in  such  proposed  incorporated  town,  at  least  ten  days 
before  such  meeting.     (K  S.  1905,  §3772.) 

294.  Polls — How  Long  Open. 

7*.  At  the  meeting  of  the  qualified  voters,  as  herein  provided, 
polls  shall  be  opened  at  nine  o'clock  in  the  forenoon  of  such  day, 
and  shall  be  kept  open  until  four  o'clock  in  the  afternoon,  when 
they  shall  be  closed.     (K.  S.  1905,  §3773.) 

295.  Election  Board. 

8.  The  voters  at  such  meeting  shall  first  proceed  to  the  elec- 
tion of  three  of  their  number  as  inspectors.  Such  inspectors,  after 
being  duly  chosen  and  qualified,  and  after  having  selected  one  of 
tlieir  number  as  clerk,  shall,  without  delay,  proclaim  to  the  meet- 
ing that  the  polls  are  open,  and  that  they  are  ready  to  receive  the 
ballots  of  the  voters.     (E.  S.  1905,  §3774.) 

296.  Election — Effect — Expenses. 

9.  The  qualified  voters  of  such  territory  shall  vote  by  ballots 
having  thereon  the  word  ''Yes"  and  the  word  "]^o."  The  Inspect- 
ors shall  make  a  statement  showing  the  vote  as  in  case  of  other 
elections,  and  shall  return  the  same  to  the  county  Auditor,  to  be 
laid  before  the  Board  of  Commissioners  at  its  next  regular  or  ad- 
journed session,  or  at  any  session  called  for  that  purpose  If  the 
Board  be  satisfied  of  the  legality  of  the  election,  and  that  a  major- 
ity of  the  ballots  are  in  favor  of  incorporation,  it  shall  make  an 
order  declaring  that  such  town  has  been  incorporated  by  the  name 
adopted,  which  order  shall  embrace  a  copy  of  the  Inspectors'  return 
and  be  conclusive  of  such  incorporation  in  all  suits  by  or  against 
such  corporation :  and  the  existence  of  such  town,  by  the  name  and 
style  aforesaid,  shall  thereafter  be  judicially  taken  notice  of  in  all 
courts  and  places  in  this  State,  without  specially  pleading  or  prov- 
ing the  same.  If  the  Commissioners  find  that  a  majority  of  the 
ballots  are  against  incorporation  they  shall  so  declare,  and  no 
further  proceedings  shall  be  had  in  relation  to  such  matter.  An 
appeal  may  be  taken  to  the  Circuit  Court  from  the  action  of  the 
Board  declaring  or  refusing  to  declare  that  such  town  has  been 
incorporated..  In  case  the  town  is  not  incorporated,  all  costs  and 
expenses,  inchiding  expenses  of  election  and  appeal,  if  any  be  had, 
shall  be  paid  by  the  petitioners,  who  on  filing  their  application 
shall  also  file  a  bond,  payable  to  the  State  of  Indiana  for  the  use 
of  Board  of  Commissioners  of  the  county,  and  to  the  approval  of 
such  Board,  conditioned  for  the  payment  of  all  such  costs  and  ex- 
penses. In  case  the  town  is  incorporated,  all  such  costs  and  ex- 
pensen  shall  be  paid  by  the  town.     CE.  S.  1905,  §3775.) 

10 


146  GENERAL    LAWS 

297.  Ward  Boundaries. 

10.  Such  Inspectors,  when  such  town  has  been  by  the  coun- 
ty board  declared  incorporated,  shall  at  once  proceed  to  divide  the 
town  into  not  less  than  three,  nor  more  than  seven  wards,  having 
due  regard  to  the  equitable  apportionment  of  population  among 
the  same,  and  the  convenience  and  contiguity  of  the  wards. 
Thereafter  the  Trustees  of  any  town  incorporated  under  this  act, 
may  at  any  time  sixty  days  or  more  preceding  the  election  for 
town  officers,  redistrict  the  town  in  like  manner.  (R.  S.  1905, 
§3776.) 

298.  Corporation  Election — Notice. 

11.  After  such  town  has  been  divided  into  wards,  the  In- 
spectors shall  immediately  give  ten  days'  notice,  by  publication  in 
a  newspaper,  if  one  be  printed  within  such  town,  or,  if  there  be  no 
newspaper,  by  posting  such  notice  in  one  public  place  in  each  ward, 
of  an  election  to  be  held  in  such  town,  for  the  purpose  of  electing 
officers  thereof,  naming  in  such  notice  the  place  where  and  the  day 
when  such  election  shall  be  had.  Such  place  shall  be  at  some  con- 
venient location  in  the  town  and  such  day  shall  be  within  twenty 
days  from  the  publication  or  posting  of  such  notice.  Every  subse- 
quent notice  of  election  shall  be  given,  in  like  manner,  by  the  clerk 
of  the  town.     (E.  S.  1905,  §3777.) 

299.  Election  Inspectors. 

12.  Inspectors  shall  preside  at  such  first  election,  and  be  In- 
spectors thereof.  They  shall  receive  and  canvass  the  votes,  and 
shall  immediately  thereafter,  and  before  adjourning,  declare  the 
election  of  the  officers  so  chosen,  deliver  to  such  officers  certificates 
of  their  election,  and  make  out  and  file  with  the  Clerk  of  the  Cir- 
cuit Court  of  the  county  in  which  such  town  is  situated  the  cer- 
tified statement  of  election  provided  for  in  Section  fifteen  of  this 
act.  At  all  subsequent  town  elections  one  Inspector  for  each  vot- 
ing precinct  shall  be  appointed  by  the  Board  of  Town  Trustees, 
and  the  judges  and  other  officers  of  each  election  board  shall  be 
selected  as  provided  by  law  for  the  selection  of  the  officers  of  town- 
ship election  boards.     (E.  S.  1905,  §3778.) 

300.  Election  Precincts. 

13.  In  town  elections,  after  the  first  election,  the  election 
precincts  shall,  so  far  as  practicable,  be  the  same  as  those  fixed  for 
general  elections ;  and  the  opening  and  closing  of  the  polls  and  all 
other  matters  relating  to  such  town  elections  shall  be  conducted 
in  conformity  Avith  the  provisions  of  the  general  election  laws  ap- 
plicable thereto.     (E.  S.  1905,  §3779.) 


CONCERNING    ELECTIONd.  147 

301.    Elective  Officers— Terms. 

14.  The  elective  officers  of  every  town  shall  be  one  Trustee 
from  each  ward ;  and  also  a  Clerk  and  Treasurer  for  the  town  at 
large :  Provided,  That  each  Trustee  shall  be  voted  for  by  all  the 
electors  of  the  town,  but  shall  be  a  resident  of  the  ward  for  which 
he  is  elected:  And  provided  further,  That  nothing  herein  con- 
tained shall  prevent  the  respective  offices  of  Clerk  and  Treasurer 
from  being  held  by  the  same  person.  The  officers  chosen  at  the 
first  election,  hereinbefore  provided  for,  shall  hold  their  offices 
until  the  first  Monday  of  January  following  the  next  regular  town 
election,  and  until  their  successors  are  elected  and  qualified.  On 
the  first  Tuesday  after  the  first  Monday  in  November,  in  the  year 
1905,  and  on  the  same  day  every  four  years  thereafter,  there  shall 
be  held  an  election  in  each  town  in  this  State  for  the  election  of 
the  elective  officers  of  such  town ;  and  there  shall  be  no  election  in 
any  town  prior  to  that  date,  save  only  the  first  town  election  pro- 
vided for  on  the  organization  of  towns.  The  officers  elected  on 
the  first  Tuesday  after  the  first  Monday  in  November,  1905,  shall 
hold  their  respective  offices  from  the  termination  of  the  terms  of 
their  respective  predecessors  until  the  hour  of  twelve  o'clock  noon 
of  the  first  Monday  in  January,  1910 ;  and  they  shall  be  ineligible 
to  be  re-elected,  respectively,  to  the  same  offices  at  the  election  to 
be  held  on  the  first  Tuesday  after  the  first  Monday  in  November, 
1909.  At  the  expiration  of  the  terms  of  the  present  incumbents 
as  elected  by  the  law  heretofore  in  force,  and  following  the  elec- 
tion and  qualification  of  the  officers  elected  at  such  regular  town 
election  on  the  first  Tuesday  after  the  first  Monday  of  November, 
1905,  all  town  officers  then  in  office  shall  forthwith  turn  over  their 
respective  offices  to  their  successors  so  elected  and  qualified,  to- 
gether with  all  papers,  property  and  effects  in  their  custody  as  such 
town  officers,  and  shall  thereupon  vacate  such  offices,  and  the  terms 
of  such  new  officers  shall  continue  until  12  o'clock  at  noon  of  the 
first  Monday  of  January,  1910,  and  thereafter,  the  terms  of  all 
town  officers  elected  at  any  regular  election  shall  begin  at  noon 
on  the  first  Monday  of  January  following  their  election  and  quali- 
fication, and  shall  continue  four  years  thereafter ;  and  every  such 
officer  shall  be  ineligible  to  re-election  to  the  same  office  in  any 
period  of  eight  years.  In  all  towns  of  the  State  of  Indiana  where 
by  law  heretofore  in  force  an  election  for  such  elective  town  offi- 
cers would  occur  prior  to  the  election  in  November,  1905,  herein- 
before provided  for,  such  prior  elections  shall  not  be  held  and  the 
present  officers  of  such  towns  shall  continue  in  office  until  12 
o'clock  at  noon  on  the  first  Monday  in  January,  1906,  at  which 
time  the  terms  of  such  officers  shall  terminate  and  the  terms  of 
the  officers  elected  under  the  provisions  of  this  act  shall  begin. 
(R.  S.  1905,  §3780.) 


148  GENERAL    LAWS 

302.  When  Elected— Tie  Vote— Certificates. 

15.  The  persons  in  each  ward  receiving  the  greatest  number 
of  votes  as  Trustees  of  such  wards,  respectively,  shall  be  declared 
elected  as  such  Trustees;  and  the  persons  receiving  the  greatest 
number  of  votes,  respectively,  for  Clerk  and  Treasurer,  as  desig- 
nated by  the  ballot  for  such  office,  shall  be  declared  so  elected. 
And  if  two  or  more  persons  shall  have  an  equal  and  the  highest 
number  of  votes  for  any  of  such  offices,  the  Inspectors  of  such 
election  shall  forthwith  determine,  by  lot,  which  of  them  shall  be 
declared  elected.  And  it  shall  be  the  further  duty  of  such  In- 
spectors to  make  a  certified  statement,  over  their  own  signatures, 
of  the  persons  elected  to  fill  the  several  offices  in  such  town,  and  to 
file  the  same  with  the  Clerk  of  the  Circuit  Court  of  the  county, 
within  ten  days  from  the  day  of  such  election.  And  no  act  or  or- 
dinance of  any  Board  of  Trustees  chosen  at  any  such  election  shall 
be  valid  until  the  provisions  of  this  section  are  substantially  com- 
plied with.     (E.  S.  1905,  §3781.) 

303.  Clerk  Circuit  Court— Record— Fee. 

16.  It  shall  be  the  duty  of  the  Clerk  of  the  Circuit  Court  of 
the  proper  county  forthwith  to  make  a  record  of  such  certified 
statement  of  election;  for  which  tervice  there  shall  be  paid  the 
same  fee  as  allowed  for  similar  services  of  such  clerks  in  other 
cases,     (K.  S.  1905,  §3782.) 

304.  Vacancy  in  Board. 

17.  A  vacancy  occurring  in  the  Board  of  Town  Trustees,  or 
in  any  other  elective  office  of  such  corporation,  shall  be  filled  by 
appointnient,  at  a  special  meeting  of  the  Trustees  called  for  that 
purpose ;  but  such  appointment,  if  to  fill  a  vacancy  in  the  office  of 
Trustee,  shall  be  made  from  the  ward  in  which  the  vacancy  oc- 
curred, and  no  appointment  shall  extend  beyond  the  first  Monday 
of  January  following  the  next  regular  election  provided  for  in  this 
act.     (R.  S.  1905,  §3783.) 

DISSOLUTION  OF  TOWN  OR  CHANGE  OF  NAME. 

305.  Dissolution  Proceedings. 

22.  Whenever  a  petition,  signed  by  not  less  than  two-thirds 
of  all  the  legal  voters  of  any  incorporated  town,  is  presented  to 
the  Board  of  Trustees  of  such  town,  duly  sworn  to  by  one  or  more 
of  such  petitioners,  asking  for  the  dissolution  of  the  corporation, 
or  for  the  change  of  its  name,  and  in  such  petition  setting  forth 
the  reasons  therefor,  the  Trustees  shall,  if  they  deem  the  reasons 
stated  sufficient,  cause  an  election  by  the  legal  voters  of  the  town 


CONCERNING    ELECTIONS.  149 

to  be  held,  to  determine  whether  the  prayer  of  the  petition  shall 
be  granted.  Such  petition  shall  be  filed  with  the  town  Clerk,  and 
the  petitioners  shall  also  file  therewith  a  census  of  all  the  legal 
voters  of  the  town,  which  shall  be  taken  within  ten  days  prior  to 
the  filing  of  the  same  and  shall  embrace  only  the  names  of  such 
legal  voters  as  may  reside  therein  at  the  time  the  census  is  taken. 
The  person  taking  such  census  shall  attach  thereto  his  affidavit  that 
the  same  is  correct.  On  the  filing  of  such  petition  and  census,  the 
Clerk  shall  give  notice  of  such  filing  and  of  the  day  of  hearing  the 
same ;  which  notice  shall  be  by  publication  twice  in  a  newspaper 
of  general  circulation  printed  in  such  town,  the  last  of  which  pub- 
lications shall  be  not  less  than  ten  days  before  such  hearing;  and 
if  there  be  no  newspaper  printed  in  the  town,  then  in  a  newspaper 
published  at  the  county  seat  of  the  county  in  which  such  town  is 
located,  and  by  posting  copies  thereof  in  at  least  one  public  place 
in  each  of  the  wards  of  such  town.  The  Board  of  Trustees  shall, 
at  the  time  named  in  such  notice,  hear  and  consider  such  petition 
and  census,  and  shall  also  consider  all  statements,  oral  and  writ- 
ten, that  may  be  presented  at  such  meeting  both  in  favor  of  and 
in  opposition  to  the  granting  of  such  petition.  Thereupon  the 
Board  shall  determine  whether  the  reasons  advanced  by  such  peti- 
tioners are  sufficient  to  justify  the  submission  of  the  question  of 
dissolution  or  change  of  name  to  the  voters  of  the  town  for  their 
decision.  Any  voters  who  signed  the  petition  may,  before  such 
determination  by  the  Board,  withdraw  their  names  therefrom,  and 
no  names  so  withdrawn  shall  be  counted  by  the  Trustees  in  ascer- 
taining whether  the  petition  has  been  signed  by  the  number  of 
voters  required  by  this  section.  If  the  Board  finally  determine  to 
submit  the  question  as  to  the  dissolution  or  change  of  name  of  such 
corporation  to  the  voters  of  the  town  for  their  decision,  it  shall  fix 
the  time  of  holding  an  election  for  that  purpose,  of  which  election 
the  Clerk  shall  give  at  least  twenty  days'  notice,  which  notice  as  to 
publication  and  posting  shall  be  given  in  the  manner  hereinbe- 
fore provided  for  notice  of  the  filing  and  hearing  of  such  petition. 
Such  election  shall  be  held  in  the  several  precincts  of  such  town 
and  return  thereof  made  to  the  Board  of  Trustees  as  in  case  of 
other  elections.  The  voters  shall  vote  by  ballot  on  the  question  so 
submitted  to  them,  "Yes"  or  "No."  If  two-thirds  of  all  the  votes 
so  cast  shall  be  in  the  affirmative,  and  four-fifths  of  all  the  legal 
voters  of  the  town,  as  shown  by  the  census  taken,  shall  have  voted, 
the  question  so  submitted  shall  be  regarded  as  determined  in  the 
affirmative ;  and,  within  four  days  after  the  canvass  of  the  vote  by 
the  Trustees,  a  statement  of  all  the  votes  cast  at  the  election,  af- 
firmative and  negative,  shall  be  prepared  by  the  Town  Clerk, 
signed  by  the  Trutsees  and  attested  by  the  Clerk,  and  filed  in  the 


150  GENERAL    LAWS 

office  of  the  Clerk  of  the  Circuit  Court  of  the  county  in  which  such 
town  is  situated.  If  the  vote  be  in  favor  of  a  change  of  name,  the 
name  of  the  town  shall  be  changed,  accordingly,  from  and  after  the 
expiration  of  thirty  days  from  the  date  of  filing  such  report  in  the 
office  of  the  Clerk  of  the  Circuit  Court.  If  the  vote  be  in  favor 
of  a  dissolution  of  the  corporation,  such  town  shall,  at  the  expira- 
tion of  six  months  from  the  filing  of  such  report  in  the  office  of 
the  Clerk  of  the  Circuit  Court,  cease  to  be  a  corporation ;  and  the 
property  owned  by  the  corporation,  after  payment  of  debts  and  lia- 
bilities, shall  be  disposed  of  in  such  manner  as  a  majority  of  the 
voters  of  the  town,  at  any  special  election  therefor,  may  direct; 
but  no  such  dissolution  shall  affect  the  rights  of  any  person  in  any 
contract  to  which  such  corporation  is  a  party.  In  case  the  prayer 
of  the  petition  shall  not  be  granted,  all  costs  and  expenses  incurred 
thereby,  including  the  expenses  of  such  election,  if  held,  shall  be 
paid  by  the  petitioners,  who,  on  filing  their  petition  and  census 
shall  give  a  bond,  payable  to  the  Board  of  Trustees,  to  the  approval 
of  the  Board,  and  in  such  sum  as  the  Board  may  direct,  for  the 
payment  of  all  such  costs  and  expenses.  Any  person  aggrieved  by 
the  action  of  the  Board  of  Trustees  on  such  petition  and  census, 
or  the  result  of  such  election,  may  appeal  to  the  Circuit  Court  of 
the  county  in  which  such  town  is  situated,  within  thirty  days 
therefrom,  by  giving  tq  the  Board  written  notice  of  such  appeal 
and  by  filing  with  the  Town  Clerk  a  bond,  with  surety  to  the  ap- 
proval of  the  Board,  in  the  sum  of  five  hundred  dollars,  conditioned 
that  such  appeal  will  be  duly  prosecuted  and  all  costs  thereof  be 
paid  if  the  appeal  be  decided  against  such  appellants.  The  Clerk 
shall  thereupon  file  in  the  ofiice  of  the  Clerk  of  the  Circuit  Court 
a  transcript  of  all  proceedings,  together  with  all  papers  in  the  case, 
and  no  further  action  shall  be  taken  by  the  Board  until  such  ap- 
peal be  heard  and  determined.  Such  appeal  shall  be  heard  by  the 
Circuit  Court  without  a  jury.  There  may  be  a  change  of  venue 
from  the  judge,  but  not  from^the  county.     (K.  S.  1905,  §3788.) 

306.    Union  of  Adjoining  Cities  or  Towns — Procedure. 

241.  Where  a  city  and  a  town,  or  two  cities,  or  two  towns, 
adjoin  each  other,  they  may  be  united  provided  a  majority  of  the 
qualified  voters  voting  on  such  question  of  union,  in  each  of  such 
adjoining  corporations,  shall  vote  in  favor  of  such  union.  The 
Common  Council  of  such  city  and  the  Board  of  Trustees  of  such 
town,  or  the  Common  Councils  of  such  cities,  or  the  Boards  of 
Trustees  of  such  towns,  as  the  case  may  be,  shall,  by  a  resolution, 
passed  by  each  Council  or  Board,  first  agree  on  the  terms  upon 
which  such  union  shall  take  place,  including  the  name  by  Avhich 
the  united  corporation  shall  be  known  and  the  day  upon  which  an 


CONCERNING    ELECTIONS.  151 

election  for  the  purpose  shall  be  held  in  each  of  the  adjoining 
municipalities.  Notices  of  such  agreement  shall  be  given  at  least 
twenty  days  before  the  time  fixed  for  such  election,  by  publication 
of  the  same  for  two  weeks  successively,  once  each  week,  in  each 
newspaper  published  in  each  of  such  corporations,  and  by  posting 
printed  copies  thereof  in  one  or  more  public  places  in  each  ward 
of  each  of  such  corporations.  Such  election  shall  be  held  in  the 
voting  precincts  of  each  of  such  corporations,  as  other  city  and 
tow^n  elections  are  held.  The  ballots  for  such  election  shall  have 
thereon  the  words  "Yes"  and  "'No,'^  and  those  electors  favoring 
such  agreement  shall  vote  '^Yes,"  and  those  opposed,  '^No;"  and 
the  election  boards  shall  report  to  their  respective  Common  Coun- 
cils 01  Boards  of  Trustees  the  result  of  such  election.  A  certified 
copy  of  the  result  of  the  election  in  each  corporation  shall  be  filed 
with  the  Common  Council  or  Board  of  Trustees  of  the  other  cor- 
poration; and  if  a  majority  of  the  electors,  voting  on  such  ques- 
tion in  each  of  such  corporations,  vote  in  favor  of  such  union,  then 
the  two  corporations  shall  be  united  in  accordance  with  the  terms 
of  the  agreement  theretofore  entered  into ;  and  a  duly  certified  copy 
of  such  agreement,  and  of  the  result  of  such  election,  shall  be  filed 
in  the  oflice  of  the  Recorder  of  the  county  or  counties  in  which  such 
united  corporation  is  situated,  signed  by  the  Mayor  or  presiding 
officer  and  attested  by  the  Clerk  and  sealed  with  the  seal  of  each 
of  such  constituent  corporations;  and  copies  of  such  record  shall 
DC  received  in  all  courts  and  places  as  conclusive  of  such  union  of 
snch  corporations  under  the  name  so  agreed  upon.  In  case  of 
such  union,  the  new  corporation  shall  be  liable  for  all  the  debts, 
contracts  and  liabilities  of  the  constituent  corporations,  and  shall 
be  entitled  to  all  the  rights,  credits,  moneys,  effects  and  properties 
theretofore  had,  held  or. owned  by  them  or  either  of  them,  and 
may  sue  and  be  sued  in  relation  to  such  debts,  contracts,  liabilities, 
rights,  credits  and  properties  by  the  name  adopted  on  such  union. 
But  all  actions  pending  at  the  time  of  such  union  shall  be  prose- 
cuted to  final  judgment  and  execution,  and  all  judgments  thereto- 
fore rendered  may  be  executed  and  enforced  against  the  new  cor- 
poration, without  any  change  of  the  name  of  the  plaintiff  or  de- 
fendant.    (R.  S.  1905,  §3716.) 

307.  Eligible  to  Office. 

229.  ^No  property  qualifications  shall  be  necessary  to  len- 
der any  citizen  eligible  to  hold  any  office  of  any  municipal  cor- 
poration in  this  State.     (R.  S.  1905,  §3704.) 

308.  Eligible  to  Vote. 

230.  In  all  mimicipal  elections,  no  other  qualifications  shall 
be  required  of  any  voter  than  such  as  vire  made  necessary  in  gen- 


152  GENERAL    LAWS 

eral  elections  under  the  Constitution  and  laws  of  the  State.     (R., 
S.  1905,  §3705.) 

309.  Vo'ing  Precincts. 

231.  In  city  and  toAvn  elections,  except  as  provided  in  Sec- 
tions ten,  eleven  and  twelve  for  the  first  town  election,  the  voting 
precincts  shall,  so  far  as  practicable,  be  lliose  established  by  the 
County  Commissioners,  and  the  elections  c^hall  be  conducted  under 
the  laws  in  force  for  general  elections.     (R.  S.  1905,  §3706.) 

310.  Petition — Census. 

38.  AVhenever  one-third  of  the  voters  of  any  incorporated" 
town,  so  far  as  the  number  can  be  estimated,  shall  petition  the 
Board  of  Trustees  thereof  to  be  incorporated  as  a  city  under  this 
act,  such  Board  of  Trustees,  by  an  order  or  resolution  to  that  ef- 
fect entered  on  its  record,  shall  furnish  the  marshal  or  other  proper 
officer  with  the  necessary  forms  for  taking,  and  direct  him  to  take, 
a  census  of  all  persons  who  are  residents  within  the  corporate 
limits  of  such  town  at  least  forty  days  previous  to  the  date  of  such 
order  or  resolution:  Provided,  however,  That  if  it  shall  appear 
to  such  Board  of  Trustees  by  the  last  census  of  this  State  or  of  the 
United  States,  or  by  any  enumeration  made  by  the  order  of  such 
Board  of  Trustees,  within  two  yea'rs  after  the  filing  of  such  peti- 
tion, that  such  town  then  has  two  thousand  five  hundred  in- 
habitants, such  Board  of  Trustees  shall  be  at  liberty  to  proceed 
in  all  respects  as  if  such  census  had  been  taken  in  the  manner  pro- 
vided by  this  act.  Such  marshal  or  other  officer,  with  the  concur- 
rence of  such  Board  may  appoint  assistants,  and  shall,  within 
thirty  days  from  the  time  of  receiving  such  order,  make  full  re- 
turn, under  oath,  to  such  Board  of  the  resident  population  of  such 
town.  If  the  return  show  a  population  of  two  thousand  persons  or 
more^  the  Trustees,  within  ten  days  thereafter,  shall  publish  a  no- 
tice to  the  voters,  as  in  case  of  other  tov^n  elections,  stating  that, 
on  a  day  named,  an  election  will  be  held  in  the  several  precincts 
of  the  town,  to  determine  whether  the  same  shall  be  incorporated 
as  a  city.  In  towns  which  are  governed  by  a  Common  Council, 
instead  of  a  Board  of  Trustees,  the  duties  in  this  act  required  to 
be  done  by  the  Board  of  Town  Trustees  shall  be  performed  by  such 
Common  Council.     (R.  S.  1905,  §5462.) 

311.  Election  Board — Duties — Ballots — Returns. 

39.  The  Board  of  Trustees  shall  appoint  three  reputable 
voters  in  each  precinct,  one  to  act  as  Inspector  and  two  as  Judges 
of  election  provided  for  in  the  preceding  section ;  and  the  persons 
thus  appointed  shall  choose  a  Clerk  of  such  election.  Such  elec- 
tion shall  be  conducted  in  the  same  manner  and  be  governed  b^- 


CONOERNING    ELECTIONS.  153 

the  same  rules  as  other  town  elections.  The  ballots  of  the  voters 
shall  have  thereon  the  word  ''Yes''  and  the  word  ''No."  The  In- 
spector and  Jiidg'^T  of  each  precinct  shall  make  a  statement  show- 
ing the  nimilh  r  of  arh'rmative  votes  given  and  the  number  of  nega- 
tive votes  given ;  and,  on  the  day  succeeding  such  election,  at  the 
hour  of  ten  o'clock  in  the  forenoon,  the  Inspectors  shall  meet  and 
canvass  the  vote,  as  in  other  cases.  If  a  majority  of  the  ballots  be 
in  the  negative  the  Inspectors  shall  so  report  to  the  Board  of  Trus- 
tees, and  the  voters  of  such  town  or  city  shall  be  deemed  not  to 
have  consented  to  its  incorporation  as  a  city,  and  no  further  pro- 
ceedings shall  be  liad  in  relation  thereto.  But  if  a  majority  of 
such  ballots  shall  be  in  the  affirmative,  the  Inspector  shall,  within 
^ye  days,  certify  that  fact  to  the  Clerk  of  the  Circuit  Court  of 
the  county  in  v/hich  such  town  is  located,  showing  also  in  their 
return  the  number  of  votes  in  the  affirmative  and  the  number 
in  the  negative.  The  Clerk  of  such  court  shall  make  a  record  of 
such  return  of  such  election  in  the  civil  order  book  of  such  court ; 
and  such  town  shall  thereafter  be  deemed  an  incorporated  city, 
with  the  powers  and  franchises  appertaining  thereto ;  and  the  rec- 
ord in  the  office  of  such  Clerk  of  the  Circuit  Court  shall  be  held 
in  all  courts  and  places  as  conclusive  evidence  of  such  incorpora- 
tion. But  nothing  herein  shall  prevent  any  person  interested  from 
contesting  the  validity  of  such  election,  and  of  the  result  thereof, 
as  in  other  cases  of  contested  elections.     (R.  S.  1905,  §3463.) 

312.    Town  Becomes  City— Wards — Terms  of  Ofllcers. 

40.  Within  five  days  after  the  filing  in  the  office  of  the  Clerk 
of  the  Circuit  Court  of  the  statement  showing  that  any  town  has 
been  incorporated  as  a  city,  the  Trustees  of  such  town  shall  divide 
such  city  into  not  less  than  three  wards,  none  of  which  shall  con- 
tain less  than  three  hundred  inhabitants;  and  shall,  within  the 
same  time,  cause  to  be  given  to  the  voters  of  such  city  ten  days' 
notice,  by  publication  in  one  or  more  ncAvspapers  printed  in  such 
city,  if  any  there  be,  and,  if  not,  in  a  paper  published  in  the 
county  in  which  such  city  is  situated,  and  by  posting  copies  of 
such  notice  in  three  public  places  in  each  ward  of  such  city,  that 
an  election  will  be  held  in  each  of  such  wards  on  a  day  and  at  the 
places  in  such  notice  stated  for  the  election  of  the  city  officers 
therein  named.  The  officers  elected  at  such  election  shall  serve 
until  twelve  o'clock,  noon,  of  the  first  Monday  in  January  follow- 
ing the  next  regular  city  election  thereafter.  The  Common  Coun- 
cil of  any  city  of  this  State  shall  have  power  to  redistrict  such  city 
into  three  or  more  wards,  whenever  in  the  judgment  of  such  Coun- 
cil it  is  expedient  to  do  so,  such  wards  to  contain,  as  near  as  pos- 
sible, an  equal  number  of  inhabitants  and  to  be  composed  of  com- 


154  GENERAL    LAWS 

pact  and  contiguous  territory :  Provided,  That  the  wards  of  each 
city  shall  remain  in  number  and  boundaries  the  same  as  noAV  ex- 
isting until  the  year  1907 ;  and  thereafter  no  readjustment  or  fix- 
ing of  the  boundaries  of  the  wards  of  any  city  shall  occur  oftener 
than  once  in  a  period  of  sxi  years,  unless  the  same  be  made  neces- 
sary by  the  annexation  of  new  territory,  in  which  case  such  read- 
justment of  wards  and  boundaries,  whenever  made,  shall  be  done 
by  ordinance,  passed  by  a  two-thirds  vote  of  all  the  members  of 
the  Connnon  Council ;  and  no  such  ordinance  for  change  in  wards 
shall  be  passed  before  notice  first  given  by  publication  for  three 
successive  weeks,  once  each  week,  the  last  of  which  publications 
shall  be  at  least  thirty  days  before  any  city  election,  in  a  news- 
paper of  general  circulation  printed  in  such  city,  in  which  notice 
the  proposed  numbers  and  boundaries  of  the  wards  shall  be  plainly 
stated  and  described.     (E.  S.  1905,  §3464.) 

313.     Officers — Terms — Jurisdiction — Successors. 

43.  The  elective  officers  of  the  cities  of  this  State  shall  con- 
sist of  a  Mayor,  a  City  Judge,  a  City  Clerk,  a  City  Treasurer,  and 
Councilmen  as  hereinafter  provided :  Except,  however,  first,  that, 
in  every  city  of  the  first,  second  or  third  class,  which  is  the  coun- 
ty-seat of  the  county  in  which  such  city  is  located,  the  County 
Treasurer  of  such  county  shall  perform  all  the  duties  of  City 
Treasurer;  and,  second,  that,  in  cities  of  the  fifth  class,  the  powers 
and  duties  of  City  Judge  shall  devolve  wholly  upon  the  Mayor. 
On  the  first  Tuesday  after  the  first  Monday  in  I^ovember,  in  the 
year  1905,  and  on  the  same  day  every  four  years  thereafter,  there 
shall  be  held  a  city  election  in  every  city  of  this  State  for  the 
election  of  the  elective  officers  of  such  city,  and  there  shall  be  no 
election  in  any  city  prior  to  that  date,  except  the  first  city  election 
in  case  of  the  organization  of  a  city,  as  provided  in  Section  forty 
of  this  act.  At  such  general  election  there  shall  be  elected,  in 
every  city,  a  Maj^or  and  a  City  Clerk ;  in  cities  of  the  first,  second, 
third  and  fourth  classes,  there  shall  likewise  be  elected  a  City 
Judge ;  and  in  every  city  of  the  first,  second  or  third  class,  which 
is  not  a  county  seat,  and  in  every  city  of  the  fourth  and  fifth 
classes,  there  shall  be  elected  a  City  Treasurer.  At  such  election 
there  shall  also  be  elected,  in  each  ward,  one  Councilman ;  and  the 
whole  city  shall  elect,  at  large,  half  as  many  additional  Council- 
men,  not  counting  fractions,  as  there  are  wards  in  such  city:  Pro- 
vided, That  in  no  case  shall  the  number  of  Councilmen  at  large 
in  any  city  be  more  than  six  nor  less  than  two.  The  officers  elected 
on  the  first  Tuesday  after  the  first  Monday  in  November,  1905, 
shall  hold  their  respective  offices  from  the  termination  of  the  terms 
of  their  respective  predecessors  until  the  hour  of  12  o'clock  noon 


CONCERNING    ELECTIONS.  155 

of  the  first  Monday  in  ^lamiavy,  1910;  and  they  shall  be  ineligible 
to  be  re-elected,  respectively,  to  the  same  offices  at  the  election  to 
be  held  on  the  first  Tnesday  after  the  first  Monday  in  November, 
1909.  Thereafter  all  elective  city  officers  shall  serve  four  years  from 
the  hour  of  twelve  o'clock  at  noon,  on  the  first  Monday  of  Jan- 
nary  following  their  election ;  and,  except  in  case  of  Councilmen, 
shall  continne  to  serve  nntil  their  snccessors  are  elected  and  quali- 
fied. 'No  person  ?hall  be  eligible  to  any  city  office  unless  he  shall 
have  been  a  resident  of  such  city  for  at  least  one  year,  immediately 
preceding  his  election,  nor  shall  any  person  be  eligible  to  the  office 
of  Councilman  to  represent  any  ward  unless  for  the  last  six  months 
of  his  residence  in  such  city  he  shall  have  been  a  resident  of  such 
ward:  and  should  any  city  officer  cease  to  be  a  resident  of  such 
city,  or  any  Councilman  representing  any  ward  cease  to  be  a  resi- 
dent of  such  ward,  during  his  term  of  office  such  office  shall  there- 
by at  once  become  vacant.  N'o  person  elected  under  the  provisions 
of  this  act  shall  be  eligible  to  hold  the  same  elective  office  more 
than  four  years  in  any  period  of  eight  years.  All  city  elections 
shall  be  held,  and  returns  thereof  made,  certificates  issued  and  con- 
tests had,  in  conformity  with  the  general  election  laws  of  this 
State:  Provided,  That  the  Board  of  Canvassers  of  any  such  elec- 
tion shall  assemble  at  the  Council  Chamber  of  the  city  to  deter- 
mine the  vote  and  announce  the  result  on  the  day  following  the 
election,  at  ten  o'clock  in  the  forenoon  of  such  day.  Prior  and 
up  to  the  first  Monday  of  January,  1906,  the  respective  officers  of 
all  cities  in  this  State  elected  or  appointed  under  laws  heretofore 
in  force,  shall  continue  to  serve  as  such  officers  under  the  provi- 
sions of  this  act,  so  far  as  applicable:  Provided,  That  any  such 
officer  required  to  give  a  bond  by  any  former  law  shall  at  the  tak- 
ing efi^ect  of  this  act  give  such  bond  for  the  period  expiring  at  such 
date,  in  such  sum,  and  to  be  approved,  as  required  by  such  former 
law.  All  laws  now  in  force  for  the  government  of  such  cities, 
where  the  same  are  not  in  conflict  with  the  provisions  of  this  act, 
shall  continue  in  force  until  said  date;  and  all  ordinances,  rules 
and  regulations  of  any  such  city,  duly  passed  and  adopted  under 
such  former  laws,  except  as  herein  provided,  and  not  in  conflict 
with  the  provisions  of  this  act,  shall  continue  in  full  force  and  ef- 
fect until  repealed  or  abolished.  In  case  any  city,  prior  to  the 
election  and  qualification  of  the  officers  of  such  city  under  the 
terms  of  this  act,'  shall  have  commenced  any  proceedings  or  under- 
takings of  a  public  nature  which  shall  have  been  lawfully  com- 
menced or  undertaken,  the  same  shall  not  be  interrupted  by  the 
passage  of  this  act,  but  shall  be  taken  up  and  carried  forward  by 
the  proper  officer  or  department  as  prescribed  in  this  act;  except 
that  in  case  of  pul)lic  improvements  of  any  kind,  Avhether  of  sew- 
ers, streets,  alleys,  levees,  parks,  public  buildings,  or  any  other 


156  GENERAL    LAWS 

matter  of  an  executive  nature,  in  which  a  contract  has  not,  prior 
to  the  taking  effect  of  this  act,  been  actually  let  and  entered  into, 
the  executive  department  having  charge  of  such  matter  shall  not 
be  bound,  unless  it  so  elects,  by  the  previous  proceedings,  but  may 
review  the  whole  subject  and  modify,  change  or  rescind  all  orders 
previously  made  in  that  behalf.  In  all  cities  of  the  State  where  by 
law  heretofore  in  force  an  election  for  such  elective  city  officers 
would  occur  prior  to  the  election  in  November,  1905,  hereinbe- 
fore provided  for,  such  prior  elections  shall  not  be  held  and  the 
present  officers  of  such  cities  shall  continue  in  office  until  12 
o'clock;  at  noon,  on  the  first  Monday  in  January,  1906,  at  which 
time  the  terms  of  such  officers  shall  cease  and  terminate  and  the 
terms  of  the  officers  elected  under  the  provisions  of  this  act  shall 
begin.     (E.  S.  1905,  §3467.) 

314.     City  Judge — Election,  Term,  Etc. — Jurisdiction. 

216.  The  City  Judge  shall  be  elected  by  the  legal  voters  of 
such  city,  at  the  same  time  and  in  the  same  manner  as  the  other 
city  officers  are  elected,  for  the  term  of  four  years  and  until  his 
successor  is  elected  and  qualified.  His  term  of  office  shall  begin 
at  twelve  o'clock,  noon,  on  the  first  Monday  of  January  following 
his  election;  except  that  any  City  Judge  elected  at  the  election 
to  be  held  in  November,  1905,  shall,  as  in  the  case  of  other  officers 
then  elected,  hold  only  from  the  expiration  of  the  term  of  his  pre- 
decessor and  until  the  first  Monday  in  eTanuary,  1910.  Before 
entering  upon  the  discharge  of  his  duties  he  shall  execute  a  bond, 
payable  to  such  city  in  the  penal  sum  of  five  thousand  dollars, 
with  good  and  sufficient  surety,  to  be  approved  by  the  Mayor  and 
filed  in  the  office  of  the  City  Controller,  conditioned  for  the  faith- 
ful discharge  of  the  duties  of  his  office.  He  shall  hold  daily  ses- 
sions of  the  city  court,  Sundays  excepted,  at  a  place  to  be  pro- 
vided and  designated  by  the  Common  Council.  He  shall  have  and 
exercise  within  the  county  in  which  such  city  is  located  the  powers 
and  jurisdiction  now  or  hereafter  conferred  upon  Justices  of  the 
Peace  in  all  cases  of  crim^es  and  misdemeanors,  except  as  other- 
wise provided.  He  shall  have  exclusive  jurisdiction  of  all  viola- 
tions of  the  ordinances  of  such  city.  He  shall  also  have  original 
concurrent  jurisdiction  with  the  Circuit  Court  or  Criminal  Court 
in  all  cases  of  petit  larceny  and  all  other  violations  of  the  laws  of 
the  State  where  the  penalty  provided  therefor  dsm  not  exceed  a 
fine  of  five  hundred  dollars  and  imprisonment  in  the  jail  or  work- 
house not  exceeding  six  months,  or  either  or  both :  Provided,  That 
such  City  Judge,  in  any  case  brought  before  him  charging  any  per- 
son with  a  crime  or  misdemeanor,  if  in  the  opinion  of  such  judge, 
the  punishment  which  he  is  authorized  to  assess  is  not  adequate  to 
the  offense,  may  so  find,  and  in  such  case  he  shall  hold  such  pris- 


OONCERNINO    ELECTIONS. 


157 


oner  to  bail  for  his  appearance  before  the  proper  court,  or  com- 
mit him  to  jail  in  default  of  such  bail.     (K.  S.  1905,  §3641.) 

315.    Water  Works,  Gas  Works,  Etc.— Bonds— Public  Utilities- 
Election. 

249.  Any  city  or  town  may  determine  to  erect  water  works, 
gas  works,  electric  light  works  or  a  heating  or  power  plant,  or  any 
other  works  or  public  utilities  provided  for  in  Section  ninety -three, 
clause  eight  of  this  act,  or  to  purchase  or  lease  any  such  works  al- 
ready constructed  or  in  course  of  construction  and  owned  by  any 
person,  corporation  or  company,  together  with  all  the  property, 
rights  and  privileges  connected  therewith,  and  may  also  purchase, 
or  lease,  other  lands  for  like  purposes;  and  such  city  or  town  is 
hereby  authorized,  for  the  purpose  of  procuring  means  for  erect- 
ing, extending,  improving,  purchasing  or  leasing  any  such  works, 
and  thus  furnishing  the  inhabitants  of  such  city  or  town  with 
water  for  domestic  and  fire  protection,  or  with  light,  power  or 
heat,  to  issue  the  bonds  of  such  city  or  town,  in  denominations  not 
less  than  fifty  nor  more  than  one  tiious&nd  dollars,  payable  at  any 
place  that  may  be  designated  in  the  bonds,  the  principal  in  not 
less  than  five  years  nor  more  than  thirty  years,  and  the  interest 
annually  or  semiannually,  at  a  rate  not  to  exceed  six  per  cent,  per 
annum ;  and  such  city  or  tovm  may,  from  time  to  time,  negotiate 
and  sell  so  many  of  such  bonds  as  may  be  necessary  for  any  of 
such  purposes,  in  any  place  and  for  the  best  price,  not  less  than 
par  value,  that  can  be  obtained  therefor :  Provided,  That  the  Com- 
mon Council  of  any  city  or  Board  of  Trustees  of  any  town  con- 
templating the  building,  extension,  improving,  purchasing  or  leas- 
ing of  any  such  works,  shall,  before  the  approval  of  any  such  con- 
tract or  resolution  for  such  erection,  purchase  or  lease,  first  submit 
the  question  to  the  qualified  voters  of  such  city  or  town,  at  a  spe- 
cial or  general  election,  of  which  election  and  the  submission  of 
such  question  thereat,  notice  shall  be  given  for  twenty  days  by 
publication  for  two  weeks,  once  each  week,  in  a  newspaper  of  gen- 
eral circulation  printed  in  such  city  or  to"\vn,  if  any  there  be,  and, 
if  not.  in  a  newspaper  published  in  the  county.  Voters  desiring 
such  works  may  vote  *^For  Water  Works,"  '^For  Gas  Works,''  ''For 
Electric  Light  Works,"  "For  Power  Plant,"  or  "For  Heating 
Plant,"  as  the  case  may  be,  or,  if  opposed,  ''Against  Water  Works," 
"Against  Gas  AVorks,"  "Against  Electric  Light  Works,"  "Against 
Power  Plant,"  or  "Against  Heating  Plant,"  or  for  or  against  any 
other  such  works  or  public  utilities,  as  the  case  may  be;  and  if 
a  majority  of  the  voters  on  such  question  at  such  election  be  in 
favor  of  such  works,  such  city  or  town  shall  have  power  to  build, 
extend,  improve  or  purchase  any  such  works;  and  the  Common 
Council  or  Board  of  Town  Trustees  shall  thereupon,  by  ordinance, 
approve  such  contract  or  resolution.     (K.  S.  1905,  §3724.) 


INDEX, 


(References  are  to  Sections  and  Pages.) 

ADJOURNMENTS—  sec.      page. 

Forbidden  100  72 

145  87 

affidavits- 
How  disposed 94  70 

ALTERING  RETURNS— 

Forbidden   181  97 

183  98 
AMENDMENTS— 

To  constitution 93  69 

APPEALS- 

To  Circuit  Court 165  92 

To  Supreme  Court 171  94 

APPOINTMENTS— 

Pro  tempore,  not  part  regular  term 11  30 

ARREST—  . 

Elector   (of)   forbidden 12  30 

21  34 

Illegal    voter    73  59 

ASSEMBLYMEN— 

Circuit  Court  Cierk  certificates  as  to 117  77 

Sheriff  certificates  as  to,  when ■ 118  77 

BALLOTS— 

Burning 70  56 

Certificate  of  nomination 46  44 

Certificates  must  be  acknowledged 47  46 

Clerk  Circuit  Court  keeps 105  73 

Color    54  48 

Constitutional  amendment,  for 53  47 

Counting   138  85 

Delivery  to  wrong  person,  penalty 62  53 

Device  on  46  45 

Distribution,  by  State  Board  to  County  Clerk 60      .      51 

Election  Clerk  delivers  to  voter 76  60 

Elections   are   by 13  31 

Expense   of   preparing 60  51 

Folding    76  61 

Form  of    54  48 

Giving  out  by  County  Board  to  Inspectors 64  54 

Inducing  voter  to  mark,  penalty 87  67 

Initials  of  Poll  Clerks  placed  on 65  55 

Inspector  receives   from   Clerk 64  54 

Inspector  opens    65  54 

Inspector  delivers  to  Clerk 104  73 

Kind  54  48 

Local,  printing 54  48 

Loss    09  56 

Marking    54  48 

76  60 

(159) 


160  .  ELECTION    LAW    INDEX. 

BALLOTS— Continued.  sec.      page. 

Messenger  for  Gl  52 

G7  55 

Name  of  candidate,  when  not  printed  on 55  49 

56  49 

Officer  tampering  witli 182  98 

Opening  G5  54 

85  G7 

Opening  of  pacl^age  of GO  52 

G5  54 

Packages 60  51 

Of  Local 64  54 

Paper,  State  ballot  printed  on 54  48 

Papers,  enveloped  with 103  72 

Paster 77  61 

Petition  to  secure  printing 46  46 

Petition  must  be  acknowledged 47  46 

Preparation  of   54  48 

65  54 

By  Poll  Clerks  for  voters 79  64 

Printing 46  44 

54  48 

Who  attends  to 54  48 

Printer,  duties  as  to : 59  51 

Re-count,  when 141  86 

'  Sample    66  55 

Sealing  in  packages - 60  51 

64  54 

Secrecy,  violation  of 71  57 

Showing  after  marked 76  60 

Signing  by  Clerk ?; 65  54 

Special  messenger  for 67  55 

Squares  on  54  48 

State,   printing    46  44 

54  48 

Title  upon 54  48 

Vacancy  on,  how  filled 58  50 

BALLOT  BOX— 

Abstracting  a   felony 63  53 

Breaking   open    181  97 

Color    33  -40 

134  82 

Construction     33  40 

;     Destroying    191 '         100 

How  painted 33  40 

Inspection  of  33  40 

Keys  to  33  40 

Kind ;     33  40 

Locks 32  40 

Obtaining  unlawfully   190  100 

Providing 33  40 

Seizure     190  100 

Township  Trustee  keeps 105  73 

BARTERING  VOTE— (See  also  Buying  Vote.) 

Penalty    202  104 

BETTING— 

On   election    22  34 

198  103 

With  minor  as  to  result 199  103 

BLANKS— 

Preparation    28  37 


ELECTION    LAW    INDEX.  161 

BOARD  OP  ELECTIONS—  sec.      paqb. 

Adjournment    forbidden    100  72 

Attendance,  prompt 29  38 

Clerk   of    27  37 

Duties  as  to  township   29  38 

Inspector  is  Chairman  of 31  39 

Meals  for   101  72 

Oath  of  29  38 

Administered,  how    30  39 

Form  of 31  39 

Result,  not  to  state 99  72 

Vacancy  in,  how  filled 29  38 

Who  are   25  35 

26  36 

BOARD  OF  CANVASSERS— 

Assistants  108  74 

Certificate  of  110  75 

Declaration  by 110  75 

Disputes    114  77 

Duties    109  75 

Evidence,  when  heard 113  76 

Meeting   106  74 

Officers    ; 107  74 

Papers,  defective   112  76 

Tie  vote Ill  76 

Time  of  meeting 106  74 

Who  are  106  74 

BOOTHS— 

Expense  of  construction 71  57 

Kind  71  57 

Number  of  voters  in  at  one  time 76  60 

90  68 

Preparation  of   71  57 

BRIBERY— 

By  candidate  196  102 

Disqualifies  officer  elected   6  30 

Nomination,  to  secure 177  96 

Disfranchises  briber 176  95 

False  affidavit 179  96 

At  special  election 180  97 

BUYING— 

Vote    195  101 

196  102 

Penalty   for 203  104 

CANDIDATE— 

Bribing  voter 196  102 

Buying  vote,  penalty 203  104 

Disqualified,  when  6  30 

Re-count,  may  have 141  86 

Threatening  voter   196  102 

CANVASS— 

Of  vote,  how  made 83  65 

CARDS— 

Containing  instructions  to  voters 66  55 

CERTIFICATES— 

Board  of  Canvassers,  by 110  75 

Circuit  Clerk,  by 16  33 

120  78 

11 


162  ELECTION    LAW    INDEX. 

CERTIFICATES— Continued.                                                             sec.  page. 

Congressmen,  as  to 122  79 

Governor,  as  to 122  79 

Judges,  of 102  72 

Lieutenant-Governor,   as   to 123  79 

Officers  to  be  elected,  as  to 16  33 

Representatives,  as  to 118  77 

Secretary  of  State,  to  Governor 120  78 

Senators  of 118  77 

Township,  Officers  of 140  86 

CHAIRMEN  OF  COUNTY— 

Duty 45  44 

CHAIRMAN  OF  STATE— 

Duty  44  43 

CHALLENGERS— 

Appointment    43  43 

Number    43  43 

Pay 43  43 

CHALLENGES— 

Affidavit  of  elector 72  57 

Affidavit  to  overcome  72  58 

Bribery,  on  account  of 179  96 

Vote,  when  received 72  58 

Who  may  be  challenged 72  58 

CHUTES— 

Construction 71  57 

CITY  AND  TOWN  ELECTIONS— 

Application  to  County  Commissioners 291  144 

Ballots  * 311  152 

Census  289  143 

City  Judge,  Election,  Term,  etc 314  150 

Clerk  Circuit  Court,  record,  fee 303  148 

Corporation  election,  notice 298  146 

Dissolution  proceedings   305  148 

Duties  of  Election  Board 311  152 

Election  Board   295  145 

311  152 

Election  Inspectors : 299  146 

Election  precincts 300  146 

Election,   Effect,  Expenses 296  145 

Elective  Officers,  term 301  147 

Eligible  to  office 307  151 

Eligible  to  vote 308  151 

Governed  by  general  election  law 96  70 

Hearing  and  order 292  144 

Made  public.  Census,  Map,  Survey 290  143 

Notice  to  voters 293  144 

Petition,   census    310  152 

Polls,  how  long  open 294  145 

Property  qualifications  not  necessary 307  151 

Public  utilities,  bonds,  election 315  357 

Returns    311  152 

Survey  and  map •  •   288  143 

Terms  of  officers 312  153 

Town  becomes  city 312  153 

Union  of  adjoining  cities  or  towns 306  150 

Vacancy  in  Board 304  148 

Voting  precincts 309  152 

Ward  boundaries   297  146 


ELECTION    LAW    INDEX.  163 

CITY  AND  TOWN  ELECTIONS— Continued.  sec.      page. 

Wards,  number  of 312  153 

Water  works,  gas  works,  etc 315  157 

When  elected,  tie  vote,  certificates 302  148 

CLERKS  OF  CIRCUIT  COURT— 

Ballots,  delivered  to 103  72 

Delivers  to  Inspector 64  54 

Bribery  of 197  102 

Certificate  of  115  77 

117-120  77 

Election,  notice  to 16  33 

Re-counting,  duties  as  to   143  87 

145  87 
CLERKS  OF  ELECTION— 

Appointment    27  37 

Duties 65  54 

Instruct  voters 79  64 

Oath   31  39 

CLOSING— 

Proclamation  as  to 34  40 

When  takes  place 34  40 

COMMISSIONS— 

By  Governor   121  79 

CONGRESS— 

Secretary  of  State's  certificate  as  to 122  79 

CONSTITUTION— 

Amendments  to,  ballots 93  69 

CONTEST— 

Appeal  to  Supreme  Court 171  94 

Appeal  to  Circuit  Court 165  92 

Ballots  kept,  to  use  in 105  73 

Contestor  and  contestee    146  88 

County  officers,  contest  as  to 161  91 

Appeal  to  Circuit  Court 165  92 

Duty  of  Court  166  92 

Commissioner  to  take  testimony. . . ," 169  93 

Notice  by  Auditor  to  Clerk 162  91 

To  contestee 163  92 

To  County  Commissioners 163  92 

Subpoenas   164  92 

Trial  by  County  Commissioners 164  92 

Voters  must  testify  167  93 

Fees  and  costs 168  93 

Irregularities,  when  immaterial 160  91 

Legislators,  contest  as  to 150  89 

Cause  for   159  91 

Clerk's  duty  in   156  90 

Depositions  in  151  89 

Sent  to  Secretary  of  State 156  90 

To  proper  house  157  90 

W^hen  read  158  90 

Justices'  meeting  and  duty 155  90 

Powers  of  153  90 

Notice  to  contestee   152  89 

Vacancies  in  commission 154  90 

Municipal  offices,  contest  as  to 170  93 

State  officers,  contest  as  to 147  89 

Committee  to  try  149  89 

Notice  to  contestee   148  89 

Specifications  as  to 148  89 

12 


164  ELECTION    LAW    INDEX. 

CONTEST — Continued.  sec.      page. 

Township  oflScers,  contest  as  to IGl  91 

Voters  may  contest 146  88 

CONVICT— 

Can  not  vote  18  33 

counting- 
How  done 83  65 

COUNTY  BOARD  OF  ELECTION— 

Appointment    45  44 

Duty  to  prepare  ballots 45  44 

Pay 45  44 

COUNTY  ELECTION— 

Special,  how  conducted 95  70 

COUNTY-SEAT  RELOCATION— 

Inducing  voters  to  re-sign  petition 192  101 

Selling  signature  to  petition 193  101 

Illegal  voting 194  101 

DAY— 

Of  holding   14  31 

15  33 

DECEIVING— 

Illiterate  voter 187  99 

DEFAULTER— 

Can  not  hold  office 10  30 

DEFRAUDING— 

Voter    188  99 

DEPOSIT— 

Of  ballot  by  inspector 76  60 

DESTROYING— 

Ballots   70  56 

82  65 

83  65 
85  67 

Ballot  boxes 191  100 

Poll  book    191  100 

Returns 183  98 

DEVICE— 

Certified  to  county 51  47 

On   ballots 46  45 

DISFRANCHISEMENT— 

Of  elector  8  30 

18  33 

DUEL— 

Challenge  to  fight,  effect  of 7  30 

DUTY— 

Of  Inspector   31  39 

ELECTIONEERING— 

Officers  of  election  may  not 91  68 

ELECTION  BOARD— (See  Board  of  Election.) 

ELECTION  OFFICERS— (See  Officers  of  Election.) 

ELECTOR— 

Disfranchising     18  33 

Qualifications    2  29 

17  33 


ELECTION    LAW    INDEX.  165 

ELECTOR— Continued.  sec.  page. 

When  does  not  lose  right  to  vote 20  34 

When  free  from  arrest 12  30 

21  34 

EMPLOYES— 

Refusing  time  to  vote 189  100 

EMPLOYMENT— 

Of  voter 75  60 

ENTERING— 

Election  room  unlawfully 86  67 

FALSE  AFFIDAVIT— 

As  to  bribery  180  »7 

FORMS— 

Preparation    28  37 

FRAUD— 

At  special  election  194  101 

By  officers    182  98 

FREE  AND  EQUAI^- 

Elections  must  be 1  29 

GENERAL  ELECTIONS— 

By  ballot 13  31 

When  held   14  31 

15  33 

GOVERNOR— 

Certificate  of  vote  for ; 123  79 

Member  of  State  Board  of  Elections 44  43 

Special  election,  may  order 126  80 

HOLIDAYS— 

Election  days  are 97  71 

ILLEGAL   VOTER— 

Penalty  as  to 172  94 

ILLITERATE  VOTER— 

Preparing  his  ballot 79  64 

Deceiving 187  99 

IMPORTING  VOTER— 

Penalty  as  to 175  95 

INDIANAPOLIS  SCHOOL  COMMISSIONERS— 

Authority  of  Legislature 284  139 

Ballot,  how  arranged  286  140 

Names,  how  arranged  on  voting  machine 224  114 

Organization  of  first  board 287  142 

Preparation  of  ballots 286  140 

Qualifications  of  members * 285  139 

Term  of  office 286  140 

Nomination  by  petition 286  140 

INDUCING  ELECTOR— 

Not  to  vote 203  104 

To   re-sign   petition 192  101 

INSPECTORS— 

Additional 26  36 

Administering  oaths 31  39 

Appointment    26  36 

Ballots  delivered  to 64  64 

Bribery   of 197  102 

Chairman  of  Election  Board  is 31  39 

Duty 31  39 

Neglecting    68  56 

Oath  as  to  ballots 103  72 

Township  Trustees  are 25  35 


166  ELECTION    LAW    INDEX. 

INSTRUCTIONS—                                                                                    sec.  page. 

To  voters   66  55 

INTERPRETER— 

May  be  called 76  60 

INTIMIDATING— 

Voter 185-189  100 

JUDGES— 

Appointment    25  35 

26  36 

Bribery    197  102 

Certificate  of  102  72 

Disqualification   of    25  35 

Who  can  not  be 25  35 

JUDICIAL— 

Law  as  to 14  31 

JUSTICE  OF  THE  PEACE— 

Election  132  82 

LIEUTENANT-GOVERNOR— 

Vote  for,  verified 123  79 

LIQUOR  ON  ELECTION  DAY— 

Sale  prohibited 200  103 

Restriction  as  to  druggists 201  104 

LOANING  MONEY— 

When  unlawful 178  96 

LUCRATIVE  OFFICE— 

Effect  of  holding ^ 9  30 

MACHINE— 

Voting  by    218-246  110 

MARINES— 

Disqualified    3  29 

19  34 

MEALS— 

For  election  oflScers 101  72 

METHOD— 

Of  voting   : 76  60 

By  ballot 13  31 

Election  by  General  Assembly 13  31 

MONEY— 

Loaning  money  to  voter 178  96 

NAME— 

Announcing    , 76  60 

On  ballot  but  once 55  49 

On  voting  machines,  for  School  Commissioner 224  114 

NOMINATIONS— 

Acknowledgment  of  certificates  of 46  45 

Acknowledgment  of  signatures  of  petition 47  46 

Certificate  of  46  45 

Corrected,  may  be 50  47 

Preservation  of 49  46 

Time  of  filing 50  47 

Convention,  petition,  effect 46  45 

Petition  of   49  46 

Publication  of 52  47 

Refusal  to  accept 52  47 

When  must  make 52  47 

State  certifies  to  county 51  47 


ELECTION    LAW    INDEX.  167 

NOMINATIONS— Continued.  sec.      page. 

Two  parties  nominating  same  person 52  47 

Vacancy  in,  bow  filled 58  50 

Non-resident  voting 174  95 

Notice  by  Sberifif 10  30 

OATHS— 

Administered  to  Board,  bow 30  39 

Boards    29  38 

Cballenged  person,  of 72  57 

Freebolder,  of 72  57 

Inspector,  of 31  39 

103  73 

OFFICERS  OF  ELECTION— 

Altering  returns,  penalty 181  97 

Appointment    25  35 

Destroying  returns 181  97 

Duty  of  Inspectors 31  39 

Electioneering,   may  not 91  68 

False  entry,  making 182  98 

Tallies,  making  182  98 

Influencing  voters 185  99 

Legal  vote  refusing 184  99 

Marking  ballot 186  99 

80  64 

Oaths  of   29  38 

How  administered  30  39 

Pay  of  124  79 

Qualilication     26  36 

Related  to  candidate 25  35 

Removal  for  cause 25  35 

Tampering  witb  ballots t 182  98 

Township  Trustee  is 25  35 

Voter,  when  may  select 26  36 

OPENING  POLLS— 

In  cities,  when 34  40 

Notice  of 34  40 

42  42 

Petition  to  open  at  6  a.  m 34  40 

Proclamation  of  34  40 

PASTER  BALLOT— 

Allowed,  kind   77  61 

PERJURY— 

What  is 74  59 

180  97 

petition- 
To  secure  printing  of  ballots 46  44 

To  open  polls  at  6  a.  m 34  40 

PLACE  OF  VOTING— 

Where  it  is 23  34 

POLL  clerks- 
How  appointed  27  37 

POLLS— 

Closing    34  40 

Opening 34  40 

42  42 

When   34  40 

Vacancy  around  43  43 

Who  may  approach  43  43 

POLL  BOOK  HOLDER— 

Appointment 43  43 

Approaches  polls    43  43 

Pay  43  43 


168  ELECTION    LAW    INDEX. 

POLLING  PRECINCTS—  sec.  page. 

Allowed  36  41 

Deceiving  poll-takers 40  42 

Fictitious  name,  giving  41  42 

Giving  information  to  poll-takers 37  41 

List  of  voters  to  be  given. 38  42 

Withholding  information  from  poll-takers 39  42 

PRECINCTS— 

Boundaries,  changing  24  84 

Elector  must  vote  in  his  own 35  41 

Establishment 23  34 

Notice  of  change  made 24  34 

Polling 36  41 

Size,  where  machines  are  not  used 23  34 

Where  machines  are  used 221  112 

PREPARATION  OF  FORMS— 

Made  iJi  blank,  with  headings 28  37 

PRESIDENTIAL  ELECTORS— 

Boards  of  election  to  certify 209  107 

Certificates  to  Marshals 209  107 

Election,  how  compared 214  108 

Clerk  of  Circuit  Court,  duties  of 209  107 

Election  of,  when   207  107 

Returns  of 210  108 

Marshal,  affidavits  of 212  108 

Deputies,  appointment  of 213  108 

Duties  of 214  108 

Governor  appoints  216  109 

Pay  of  217  109 

Meetings  of 215  109 

Notice  of  election 208  107 

President  and  Vice-President  voted  for 216  109 

Return— Districts  210  108 

Vacancy,  how  filled 215  109 

Vote  of,  by  ballot 216  109 

PRIMARY  ELECTIONS— 

Bribery,  at  266  132 

Call  for  primary 249  125 

253  127 

Committeemen,   electing    250  125 

Counties,  where  held 247  124 

Counting  ballots,  contests 254  126 

Defects,  exami^^ng  papers 267  132 

Delegates  to  CO.          'on 255  129 

Electing  committeemen   250  125 

Election  Commissioners  248  124 

Expenses  of  election  256  130 

False  affidavit  263  131 

Illegal  voting 260  131 

Inducing  violation  of  act 266  132 

Interfering  with  returns  268  133 

Manner  of  voting 259  130 

Meeting  of  committeemen 252  126 

Members  of  Election  Board 257  130 

Nominations  by  primary  253  127 

Notice  to  candidates 253  127 

Official  neglect 264  131 

Poll  books  and  blanks 258  130 

Precinct  committeemen 249  125 

Statement   by    committee 271  133 

Statement  of  expenses  269  133 


ITLBOTION    LAW    INDEX.  169 

PRIMARY  ELECTIONS— Continued.  sec.     page. 

Tabulating  returns 254  129 

Voting  in  wrong  precinct 261  131 

Voting  more  than  once 262  131 

PROCLAMATION— 

Closing  polls 34  40 

Opening  polls 34  40 

42  42 

QUALIFICATIONS— 

Of  electors  2  29 

17  33 

Holder  of  lucratiye  office  not 9  30 

RECOU NT- 
Adjournment  of  Conamlssloners 145  87 

Ballots  kept  145  87 

Candidates  may  have 141  87 

Certificate  of 144  87 

Circuit  Clerk,  duty  of 143  87 

145  87 

Commissioner  for 143  87 

Order  of  Court  for 142  86 

Pay  of  Commissioner  145  87 

Petition  for 142  86 

Repeal  of  law (note)  141  86 

Witnesses  to 143  86 

REFUSAL— 

To  receive  vote,  penalty 184  99 

REPEAL  OF  LAWS— 

What  are   98  71 

(Note)  141  86 

205  105 

REPRESENTATIVES,  ¥.  S.— 

Secretary  of  State  certifies  to 122  79 

RESIDENCE— 

Not  lost,  when 4  29 

20  34 

RESULT— 

Announcing,  illegal  when 99  72 

RETURNS— 

Altering 183  98 

Destroying    183  98 

REVEALING- 

How  elector  voted 88  6T 

89  6& 

ROAD  SUPERVISORS— 

Election   135  82: 

136  83 

ROOMS— 

Kind,  general  elections 71  5T 

Primary   elections    257  130 

Preparation    71  57 

SCHOOL  COMMISSIONERS— 

Cities  of  100,000  poulation  and  over 284  139 

SEAMEN— 

Disqualified    3  29 

19  34 

SECRETARY  OF  STATE— 

Certifies  when  121  78 

SEIZING  BALLOT  BOX— 

An  offense 190  100 


170  ELECTION    LAW    INDEX. 

SELLING  VOTE—                                                                                sec.  page. 

Penalty  for 195  101 

202  104 

Acts  repealed 205  105 

Signature  to  petition 193  101 

SELLING  LIQUOR— 

Prohibited  on  election  day 200  103 

Restriction  on  druggists  on  day 201  104 

SENATORS,  STATE— 

Certificate  of  .• 118  78 

SHERIFFS  OF  ELECTION— 

Appointment 43  42 

Arrests,  make   43  42 

Duties    43  42 

-  Pay  of  43  42 

Powers 43  42 

SOLDIERS— 

Disqualified    3  29 

19  34 

SOLICITING  ILLEGAL  VOTE— 

Penalty    175  95 

SPECIAL  ELECTION— 

Congressional  vacancy  125  80 

Governor  may  order 126  80 

How   conducted 128  81 

Legislative  vacancy 125  80 

Notice  by  Sheriff 127  80 

Tie  vote 125  80 

Vacancy,  to  fill ' 125  80 

When  held   125  80 

STATE  BOARD  OF  ELECTION  COMMISSIONERS- 

Appointment    44  43 

Duties    44  44 

Pay  44  44 

SUPERVISORS  OF  ROADS— 

Election  135  82 

136  83 

TALLY  PAPERS— 

Destroying  or  losing  183  98 

Forms    28  30 

TESTIMONY- 

Furnishing  as  to  illegal  voter 204  105 

TICKET— (See  Ballot.) 

False,  furnishing   187  99 

Marking,  penalty   186  99 

Opening 186  9© 

Removing  or   destroying 191  100 

TIE  VOTE— 

City  elections Ill  76 

County  elections  Ill  76 

For  legislators 119  78 

In  primary  elections 280  138 

Special    elections    125  80 

Township  elections    138  85 

Town  elections    302  148 

TIME— 

Of  holding   14  31 

15  33 

TOWN— (See  City  and  Town.) 

Election,  how  held 96  70 


ELECTION     LAW    TJNDEX.  171 

TOWNSHIP  ASSESSOR—  sec.      page. 

Election  130  81 

When  term  begins 131  81 

TOWNSHIP  ELECTION— 

Certificate  of  140  SO- 

Offices  tilled  at 130  81 

Rights  of  persons  elected 140  8G 

Special   , 95  70 

Terms  of  oflacers,  when  begins 131  81 

Votes,  how  counted 139  85 

When  held   14  31 

129  81 

TOWNSHIP  TRUSTEES— 

Inspectors,  are    25  35^ 

Election  of  129  81 

When  term  of  oflBce  begins 130  81 

USE  OF  MONEY  BY  CANDIDATE— 

For   nomination 177  96 

After  nomination  178  9& 

VACANCY— 

Congressional,  to  fill  125  80 

Legislative,   to  fill 125  80 

VIOLENCE— 

Towards  voter,  penalty 189  100 

VOTER— 

Arrest,  privileged  from  arrest 12  30 

21  34 

Causing  to  sign  petition,  penalty 192  101 

Challenging,  who  may 72  57 

Defrauding 188  99- 

Furnishing  wrong  ticket 187  100 

Hiring  to  vote  or  not 203  104 

Importing,  illegal 175  95 

Influencing  by  office 185  99 

Intimidating 189  100 

Marines  disqualified 3  29 

19  34 

Name,  announcing 76  60 

Entered   7()  60 

Numbered  76  60 

Oath,  when  challenged 72  57 

Officer,  menacing  185  99 

Persuading  185  99 

Qualifications  of 2  29 

17  33 

Registration   14  31 

Residence,  effecting 4  29 

Must  vote  at 35  40 

Seamen  disqualified  as 3  29 

19  34 

Soldiers  disqualified  as 3  29 

19  34 

Violence  or  threats  to  influence 189  100' 

VOTING  ILLEGALLY— 

Fine   172  94 

More  than  once 176  95 

194  101 

Non-resident 174  95 

Wrong  precinct,  in 173  95 


172  ELECTION    LAW    INDEX. 

VOTING  MACHINES—  sec.  page. 

Arrangement  of   machine 220  111 

Announcement  of  result   232  118 

Ballot  label 227  115 

Bribe,  penalty  '223  113 

Care  and  custody 221  112 

Chutes,  erection  of 229  116 

Cities  and  towns  may  adopt,  when 243  122 

Commission    .' 218  110 

Qualification    : 218  110 

Governor  to  appoint 218  110 

Compensation  of  Commissioners 219  110 

Completion  of  count,  duty  of  Inspector 233  119 

Conduct  of  voter   231  118 

Construction  of  machines 220  111 

County  Board  of  Election  Commissioners,  duty. 229  116 

County  Commissioners  shall  purchase 221  112 

Distinguishing  marks,  penalty 240  120 

Duty  of  Inspectors   229  116 

233  119 

Custody   of   keys 235  119 

Emergency  ballots  245  122 

Examination  of  machines  219  110 

Experimental  use 244  122 

False  aflldavit 239  120 

Returns    242  121 

Fraud,   attempting,  penalty 241  121 

Furniture  and  appliances 229  116 

Governed  by  general  election  laws 236  120 

Incorrectly  taking  down  vote,  penalty 242  121 

Injuring  machine  '. 238  120 

Inspectors,  duty 229  116 

233  119 

Irregular  ballots 230  117 

Keys,  custody   235  119 

Laws,  applicable 236  120 

Laws,  repealed 246  123 

Locking  machine 233  119 

Neglect  of  duty,  penalty 237  120 

Payment  for  machines  227  113 

Poll  Clerk  deceiving  voter,  penalty 226  114 

Precinct  boundaries 221  116 

Printing  ballots,  when  required 245  122 

Recording  roll  234  119 

Recording  vote   '. 232  118 

Room  where  election  is  held 225  114 

Sample  ballots 228  115 

School  Commissioners'  name  on  machines 224  114 

Posting    228  115 

State  Board  of  Election  Com'rs  to  furnish  sample  ballots.  228  115 

Tampering  with,  penalty 241  121 

238  120 

Tickets,  arrangement   228  115 

Voter  unable  to  read  or  write 226  114 

WATCHERS— 

When  allowed 83  65 

WHEN— 

Election  shall  be  held 14  31 

15  33 

WHERE— 

Elector  shall  vote 35  40 

WITNESSES— 

To  recount 143  87 


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